1

Summary

Polity Class 01

Introduction to the UPSC Exam (5:02 PM)

Introduction to the Polity Syllabus (5:36 PM)

• (1) Indian Constitution

• (a) Historical underpinnings

• (b) Evolution of our constitution

• (c) Important features of our constitution, amendments, significant provisions, and doctrine
of basic structure.

• (2) Functions and Responsibilities of Union and State governments

• (3) Problems in the federal structure

• (4) Separation of Powers between various organs of the state

• (5) Local Self Governments

• (6) Constitutional Bodies

• (7) Statutory Bodies

Sources for the Polity (5:52 PM)

• Indian Polity by Laxmikanth

• VisionIAS study material

• Class Notes

• Newspaper

Need of constitution (7:12 PM)

• The natural tendency of any society is to move towards "entropy", i.e. towards destruction,
anarchy, or lawlessness.

• Human beings are always guided by self-interest.

• There is every possibility that this self-interest can easily transform itself into a selfish
interest.

• It can lead to exploitation, manipulation, and so on.

• To prevent societies from entropy, and also to prevent exploitation and manipulation, a
constitution is necessary.

• It can protect the rights and freedoms of citizens, prevent exploitation, and make
governments accountable to people for their performance.

• It can ultimately ensure strict implementation of rule of law.

 • The survival of any civilization depends on the ability of its administrative systems to protect
and promote the welfare of its citizens.

• It is possible only with a written constitution.

Historical Underpinnings

• Regulating acts were introduced to exert the control of the British Parliament over the East
India Company.

• Under Morley Minto Reforms, introduced in 1909 communal electorates were introduced.

• Under the Government of India, act, of 1919 transferred and reserved subjects were
introduced.

• Simon commission's recommendation led to round table conferences.

• Outcomes of round table conferences led to the introduction of the Government of India Act
of 1935.

• It introduced these:

• (a) Parliamentary form of democracy

• (b) Federal form of government

• (c) bicameral legislature

• (d) Independent Judiciary

• (e) Division of Power

Topics for the Next Class: Historical Underpinnings and Evolution of Constitution (Continued),
Features of the Indian Constitution

Summary

Polity Class 02

Polity Class 02 [17:00:00]

A brief overview of the previous class

Constitutional Development, Constitution, and constitutionalism [17:05:00]

• Democracy v/s Dictatorship

• In a Dictatorship, the king is sovereign, has absolute power, and no one can limit the power.
People are only subjects and they do not have rights

• In a Democracy, the government is accountable to the people through the process of

election. They enjoy power till they enjoy the confidence of the people

• The essence of Democracy is the 'rule of law'

 • J L Nehru- A constitution does not mean only a rule book, it also defines the soul of a nation.
It defines what the nation stands for [Right for citizens, protecting the freedom of citizens,
Sovereignty, rule-based governance]

• What is a constitution?-Dictation

• India has opted for a written constitution

• A constitution may be defined as the 'Soul of a Nation'. As rightly pointed out by J L Nehru,
our first PM. Constitution reflects the desires, wishes, dreams, needs, and demands of the
people of a country. It is not a mere rule book, it defines the rights of citizens and the
responsibilities of the state. It defines the relationship between the citizens and the
state. The state is made responsible to protect the freedoms and rights of citizens

• Constitution also defines the relationship between the three organs of the state including the
legislature, executive, and judiciary

• India has opted for a written constitution for the following reasons

• 1) India is an ancient nation but a very young country

• 2) In its 5000-year-old history, India never had experience with the functioning of democracy

• 3) Without a written constitution, it would be almost impossible to protect democratic

systems.

• 4) Strict implementation of Rule of law is possible only with a written constitution

• 5) A written constitution can also help in resolving any disputes or conflicts that may come
up in the future

• 6) Since at the time of independence maximum no. of people in our country were poor and
illiterate, the country could easily go into the hands of a dictator without a written
constitution.

• 7) A written constitution is also necessary to protect democratic systems

Constitutional Development [18:02:00]

• Constitutional development in India can be traced back to East India Company rule. From
1773 onwards the British parliament passed regulating Acts after every 20 years till 1853.
After the war of independence in 1857, the political boundary in India was transferred from
EIC to British Crown.

• From 1858 to, 1947 many legislations were passed to bring constitutional governance

• 1861- Indian Council Act introduced the concept of separation of powers in Indian
administration. It has separated the powers of the legislature from the executive.

• 1892- Indian council Act, increased the number of non-official members in the central
legislature

• 1909- Indian councils Act expanded the powers of the legislature wherein the members were
allowed to ask supplementary questions. It also provided opportunities for Indians to
become part of the Viceroy's executive council
 • 1919- The government of India Act gradually introduced a responsible government in India.
It introduced Dyarchy in provinces, but this experiment was not successful.

• 1935- The government of India Act can be considered a very significant development in the
evolution of constitutional democracy in India. It has ultimately become the basis of our
constitution.

Making of the constitution [18:22:00]

• For the first time, it was M N Roy who had brought up this idea of a Constituent Assembly.
Finally, the constituent assembly was constituted in November 1946 under the cabinet
Mission plan. The total strength of the constituent assembly was 389. Out of this 296 seats
were allocated to British India and 93 seats to the Princely states. Princely states would
nominate their members

• Constituent assembly had both elected members as well as nominated members and it had
representatives from all the sections of the society. The first meeting of the constituent
assembly was held on the 9th of December 1946. Muslim league boycotted the meeting as it
was demanding a separate state of Pakistan.

• Dr Sacchidand Sinha, the oldest member of the constituent assembly was elected as the
temporary president of the assembly. Later, Dr Rajendra Prasad was elected as the president
of the assembly.

• Apart from framing the constitution it also performed other functions.

• It ratified India's membership of the commonwealth in May 1949.

• It adopted the National flag, National anthem, National song

• It elected Dr Rajendra Prasad as the first president of India

• With the partition of India, Muslim League members had withdrawn themselves from the
constituent assembly. The strength of the assembly had come down from 389 to 299.

• It had met for 2 years, 11 months, and 18 days and had conducted 11 sessions. It analyzed
the constitutions of around 60 countries

• It also has appointed a no. of committees to deal with different aspects of constitution-
making

• Major committees include

• 1) Drafting committee headed by Dr B R Ambedkar

• 2) Union Powers Committee and Union Constitution committee were headed by J L Nehru.
The state committee was also headed by J L Nehru

• 3) Provincial constitution committee was headed by Sardar Patel

• 4) Advisory Committee on Fundamental Rights, Minorities, and Tribal areas was headed by
Sardar Patel

• 5) Rules of procedure committee was headed by Dr Rajendra Prasad

 • The constitution was adopted on 26th November 1949 and it contained a preamble, 395
Articles, and 8 schedules

Criticism against Constituent assembly [19:07:00]

• Critics have argued that the constituent assembly was not a representative body as its
members were not directly elected by the people. They have also criticized it was dominated
by the congress party

• It was also criticized for the amount of time they have taken to frame the constitution,

• But these criticisms may not be valid because, at a point in time, there were no elections
based on universal adult franchise

Important features of the Indian constitution [19:11:00]

• Written constitution

• Parliamentary democracy

• Federalism

• Independence of judiciary

• Fundamental Rights

• Directive principles of states policy

• Judicial review

• Separation of power

• Rule of law

• Secularism

Democracy [19:37:00]

• For a long period, countries around the world had only witnessed dictatorship in the form of
Monarchy. In a dictatorship, the ruler had absolute sovereign powers i.e. he could frame
laws, implement them, and also pronounce judgments. People did not enjoy any rights or
freedoms

• With the Industrial revolution, the dictatorship was replaced by Democracy.

• Democracy is a political system wherein people are sovereign

• Important features of democracy include

• a) It is based on the concept of the Rule of Law

• b) Equality before the law

• c) Sovereignty of citizens

• d) Accountability of elected governments to citizens

• e) Clear-cut separation of powers between the three organs of the state

 • f) Freedom of citizens to exercise their choices

Constitutionalism [19:47:00]

• The essence of democracy= Accountability

• Relationship between state and citizen is a Zero-sum game

• The loss of one is the gain of another. One person can win only at the cost of other persons

• The state can acquire more power only by taking away the rights of the citizens.

• Example- Government can declare any person a criminal under the UAPA. The onus lies on
the citizen to prove his/her innocence.

• Examples- Preventive detention, land reforms, taxation, etc.

The Topic for the next class:- Protection of rights of people, Dimensions of Constitutionalism,
constitutionalism in India.

Summary

Polity Class 03

Polity Class 03 [17:12:00]

A brief overview of the previous class

Constitutionalism [17:15:00]

• Why do we need constitutionalism?

• The state had come into existence to prevent entropy. Citizens had come together voluntarily
and created the state. There is also an upward delegation of power from citizens to the state.
The state has been given the responsibility of protecting and promoting the rights of citizens
and also maximizing their welfare.

• For example- The legislature is given the power to make legislation, the executive to
implement them and the judiciary to review them for their constitutional validity

• According to Thomas Hobbes, a famous British political Philosopher, over some time the
state has become a "Leviathan" i.e. those who are part of the state instead of working for
the welfare of citizens started working against their interests. They started acquiring more
power unto themselves. The relationship between the state and the citizens is a two-person
zero-sum game i.e the state can acquire more powers only at the cost of the freedoms and
rights of citizens.

• Power corrupts and absolute power corrupts absolutely. If absolute power is given to a state
it can result in the dictatorship of the state. The concept of constitutionalism has come into
existence to prevent such as scenario.

• Constitutionalism can be defined from various dimensions

Dimensions of constitutionalism [17:52:00]

 • In simple terms, constitutionalism means strict implementation of rule of law in both letter
and spirit i.e. rule of law should be there in reality also. The law must protect honest and
responsible citizens and strong punishment for those who violate the law

• Another dimension of constitutionalism is Fundamental Rights. Our constitutional

forefathers defined the entire essence of our constitution in terms of the Fundamental rights
of the citizens. Constitutionalism can be defined in terms of the ability of the state to protect
and promote the Fundamental Rights of the citizens

• Constitutionalism can be defined in terms of Limited government i.e. none of the organs of
the state should have absolute powers. In our constitutional democracy, the three organs of
the state i.e. legislature, executive, and Judiciary are supreme in their domain but are not
sovereign. It is the constitution that can be considered a sovereign document. These three
organs of the state derive their power from the constitution and they have only limited
power

• Constitutionalism can also be defined as having inherent checks and balances within the
system so that none of the organs of the state can become dictatorial in their functioning.
For example- Judiciary has the power to declare any law null and void if it violates the
Fundamental rights of the citizens (Article 13). Legislature has the power to ensure
continuous accountability of executives (Passing of Budget, confidence, and No-confidence
motions). Similarly, parliament has the power to define the boundaries of judicial functioning
through various legislations. It ensures proper checks and balances within the system

• Finally, constitutionalism can be defined as the sovereignty of citizens. All three organs of the
state derive their power from the constitution which is framed by citizens of the country. In a
constitutional democracy, Citizens are sovereign as they have the ability to remove
governments through elections.

Important features of constitutionalism [18:20:00]

• Written constitution

• Separation of powers between three organs of the state

• Independent Judiciary

• Judicial review

• Federal form of democracy.

• Civilian control over Army

• Rule of Law

• Civilian control over Law enforcement agencies

• In our parliamentary democracy, all these features are present but it must be remembered
they should be present in both letter and spirit. It is said that in India they are primarily
present in letters but not fully in spirit due to many weaknesses in the functioning of our
institutions.

• For example- More than 48 million cases are pending at different levels in our judicial
systems.
 • 43.5% of MPs in Lok Sabha have criminal records

• Reforms should be implemented in the functioning of various institutions to ensure

constitutionalism in both letter and spirit

Parliamentary democracy [18:55:00]

• In a parliamentary democracy, the executive comes from the legislature and is accountable
to the legislature

• India has opted for parliamentary democracy over the presidential form of government
because it ensures continuous accountability of the council of ministers headed by the Prime
minister to the legislature

Federal form of democracy

• Our constitutional forefathers have realized the fact that such a large and diverse country as
India can not be governed from a single place. They have opted for a federal polity with the
division of powers between the Union and state governments

• In 1992, Federalism was further expanded to include the third tier in the form of local self-
governments

Independent Judiciary [19:10:00]

• Our constitutional forefathers have made sure that the judiciary would remain independent
of the legislature and executive. It is given the most important function of Judicial review to
ensure constitutionalism

• Any law which restricts the scope of fundamental rights can be declared null and void by our
judiciary

Fundamental Rights

• The essence of our entire constitution lies in FRs. They are necessary for the effective
functioning of democracy.

• They protect citizens from the dictation of the executive but none of the FRs is absolute

• The state can impose reasonable restrictions

Fundamental duties [19:14:00]

• These are not part of the original constitution.

• They have been added by the 42nd Constitutional amendment act. They define the duties of
citizens like respecting the constitutions, national flag, and national Anthem, protecting the
sovereignty of the country, and so on.

Secularism

• Our constitutional forefathers had realized the fact that unity and integrity of a country are
possible only when the country is truly secular i.e. the state does not differentiate between
the people based on their religion. It recognizes all religions and treats them equally

Directive Principles of State Policy [19:24:00]

 • These DPSPs provide guidelines to the executive while formulating public policies

• They are not legally enforceable.

• Violation of DPSPs can not be questioned in a court of Law because they are only directives

Nature of constitution [19:38:00]

• It is both Rigid and flexible

• It is rigid because some provisions of the constitution require a special majority to make any
changes to them whereas the rest of them require a simple majority on the floor of the
house

Single citizenship

• Our constitutional forefathers realized that it is possible to ensure the unity and integrity of
the nation only with single citizenship

• Having multiple identities can create problems in ensuring the unity and integrity of our
nation

Emergency provisions

• Emergency provisions have been included to face extraordinary situations whenever the
country's sovereignty is threatened by external forces or law & order problems are created
internally these emergency provisions can be used to restore normalcy

Criticisms against our Constitution [19:43:00]

• The critics claimed that the Constituent Assembly was not a sovereign body

• Many critics believe that the Indian Constitution contains nothing new and original. Critics
described it as a ‘borrowed Constitution’

• The Indian Constitution, critics claim, is un-Gandhian because it lacks the ideology and
principles of Mahatma Gandhi, the father of the Indian nation.

• The critics felt that the Indian Constitution was too legalistic and very complicated. Sir Ivor
Jennings, a British Constitutionalist, called it a “lawyer’s paradise”.

• Critics commented that the Indian constitution was dominated by the Congress only

The Topic for the next class:- Dictation of the criticism of the Indian constitution and preamble

Summary

Polity Class 04

Polity Class 04 [17:00:00]

A brief overview of the class and Q&A session

Criticism of the Indian constitution [17:44:00]

• Lengthiest constitution in the world

• Indian constitution has been criticized as one of the lengthiest constitutions in the world. The
original constitution has 8 schedules and hundreds of Articles. It is said that our
constitutional forefathers could not differentiate between what is a constitution and what is
day-to-day administration. They included all activities related to day-to-day administration in
the constitution.

• It is argued that our constitutional forefathers have included minute aspects of governance
in the constitution because they did not want future generations to suffer because of any
ambiguity

• Bag of borrowed materials

• Critics have alleged that there is nothing original in the Indian constitution and it is nothing
but a bag of borrowed materials.

• Indian constitution borrowed from various sources including American, British, German,
Canadian, and other constitutions.

• Dr B R Ambedkar, the chairman of the drafting committee has accepted this criticism but at
the same time, he argued that the constitutional forefather's desire was to give the best
constitution to the people of the country and they have borrowed the best features of
various constitutions.

• Indian constitution is criticized as an extension of the Government of India Act of 1935

• Major features of our constitution are borrowed from the GOI Act 1935 including Federalism,
Judiciary, a Parliamentary form of Government, and so on.

• But this criticism is not valid because our constitutional forefathers have made significant
changes to all those features. The Basic difference between GOI Act 1935 and the Indian
constitution is that our constitution is a Sovereign Document whereas GOI 1935 Act was
legislation passed by the British parliament for its colony India

• Complete Exclusion of Gandhian values

• Critics have alleged that the Indian constitution reflected more western Liberal Political
ideologies than Gandhian Values.

• Mahatma Gandhi believed in Community life, Village self-rule, Minimal state, and more
freedoms for people but our constitutional forefathers have given more importance to a
strong power, and centralized state. They also gave a lot of importance to Fundamental
Rights.

• They realized the mistake of Igniring Gandhian values and included them later in DPSP

• Our constitution is criticized as a "Lawyer's paradise and a common man's Nightmare"

• Most of the members of the constituent assembly had legal backgrounds. It is reflected in
the constitution. The language used is very complicated and extremely difficult to
understand. It is one of the reasons why our constitution did not become popular with the
masses

• It is also the reason for the inability of ordinary people to make use of the rights and
freedoms provided in the constitution.
Schedules of the Indian constitution [18:28:00]

• The original constitution had 8 schedules later, 4 more schedules were added through
various constitutional amendments

• First schedule-

• It includes names of states and Union territories. It also includes their territorial jurisdiction

• It covers Articles 1-4

• Second Schedule

• It has provisions related to the emoluments, allowances, and privileges of constitutional

authorities like the President, Governor, Speaker, Deputy Speaker, Chairman & Deputy
Chairman of Rajya Sabha, state legislative assemblies, Judges of SC and HCs, and CAG

• Third Schedule

• It defines the forms of oaths or affirmations of Union ministers, Members of Parliament,

Judges of SC & HCs, CAG, State MLAs, and so on

• Fourth Schedule

• Allocation of seats in Rajya Sabha to the states and UTs

• Article 4 and Article 80 talk about the allocation of seats

• Fifth Schedule

• Provisions related to the administration and control of scheduled areas and scheduled tribes

• Article 244 of the Indian constitution talks about this

• Sixth Schedule

• It has provisions related to the administration of tribal areas in the states of Assam,
Meghalaya, Tripura, and Mizoram

• Seventh Schedule

• It has provisions related to the division of powers between the union and states in the form
of list I, List II, and List III

• List I am a union list, List II is a state list, and List III is the concurrent list.

• Eighth schedule

• Languages recognized by the constitution

• Originally 8th schedule had 14 languages, at present 22 languages are there

• Assamese, Bengali, Bodo, Dogri/ Dongri, Gujarati, Hindi, Kannada, Kashmiri, Konkani,
Maithili, Malayalam, Manipuri, Marathi, Nepali, Odiya, Punjabi, Sanskrit, Santhali, Sindhi,
Tamil, Telugu, Urdu

• Sindhi was added by the 21st Amendment in 1967. Konkani, Manipuri, and Nepali were
added 71st Amendment in 1992
 • Bodo, Dongri, Maithili, and Santhali were added by the 92nd amendment in 2003

• Oriya was renamed Odiya in 2011 by the 96th Amendment.

• Ninth Schedule

• It was added by First Amendment to the constitution to protect laws from Judicial scrutiny

• Tenth Schedule

• It was added by the 52nd Amendment to the constitution

• It is related to the disqualification of members of parliament and State legislatures on the

ground of defection.

• Eleventh Schedule

• It was added by the 73rd Constitutional amendment of 1992.

• It is related to rural local self-governments

• Twelfth Schedule

• It was added by the 74th constitutional amendment of 1992

• It is related to Urban local self-governments

The topic for the next class:- Discussion on the Keywords mentioned in the Preamble.

Summary

Polity Class 05

Polity Class 05 [17:00:00]

A brief overview of the previous class and Q&A session

Preamble [17:10:00]

• Our constitutional forefathers felt that the preamble to the constitution is necessary as it is
almost impossible for the citizens of the country to read and understand the entire
constitution. It is also important because it defines the entire essence of our constitution. It
is also known as "The identity card of our constitution"

• Text of the Preamble

• "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 of opportunity; and to promote among them all

• FRATERNITY assures the dignity of the individual and the unity and integrity of the nation"

• Some facts related to the preamble

 • 42nd Constitutional amendment Act has added three words to the preamble- Socialist,
Secular, and integrity

Meaning/explanation of each word [19:03:00]

WE THE PEOPLE OF INDIA-

• It means all the organs derive their power from People.

• People have given themselves this constitution to protect our rights and freedom to ensure
rules-based governance

• We are coming together and there is a strong resolution about what we want

• We the people clearly states the participation of the citizen of the country. It defines that the
sovereign authorities are the citizen of India

Sovereign

• Sovereignty can be explained from two dimensions i.e. from the perspective of the country
as a whole and also from the perspective of the citizens

• It implies that India is not dependent on any other country nor it is a dominion of any other
nation. It is completely independent

• It also implies that there is no authority above the country and it is free to take all the
decisions

• In the age of globalization, the concept of Sovereignty is questioned by experts. Globalization

is all about an interconnected world wherein countries come together and become part of
various multilateral institutions like the United Nations, IMF (International Monetary Fund),
World Bank, and WTO (world trade organization).

• It is said that countries will have to compromise their sovereignty to be part of the globalized
world. They no longer have the freedom to frame policies on their own once they become
part of these multilateral institutions

• For example- Under WTO, every country must give Most Favored Nation status to the rest of
other countries

• In spite of the globalized world, India can still call itself a sovereign country because the
decision to enter into these organizations is completely voluntary in nature. In the same
manner, the country can also come out of these organizations on its own

• Sovereignty can also be defined from the perspective of citizens. In India, citizens are truly
sovereign. They have complete freedom to exercise their choices at the time of election.

Socialist [19:16:00]

• When the constituent assembly discussed the inclusion of the word socialist in the word
preamble, Dr B R Ambedkar pointed out that the entire essence of the constitution is about
the establishment of a socialistic pattern of society. Directive principles of State policy
contained all provisions related to socialism. Ambedkar had argued that there is no need to
include socialistic in the preamble
 • In 1976, through the 42nd Constitutional Amendment "socialistic" word was added to the
preamble

• The essence of socialism is to establish an egalitarian society also known as equal

opportunities society. It can be made possible by eliminating inequalities in the distribution
of income and wealth.

• Socialism practised in communist countries is different from what is known as "Democratic

Socialism"

• In communist countries, the objectives of socialism are achieved through dictatorial regimes.
The state will have a complete monopoly over resource allocation and there will be no
private property. The state can nationalize private assets. Countries like Soviet Russia, and
China, have practised this type of socialism.

• On another hand, Democratic countries like the United Kingdom, India, and the rest of the
western countries are following Democratic Socialism, here, both the government and
private sector coexist as part of a mixed economy

• Between 1947 and 1991, India strictly followed socialism with an emphasis on state-led
development. The private sector was controlled and regulated by the government through a
license quota permit Raj. When this model was a failure in 1991, India opted for Market-led
development popularly known as LPG (Liberalisation, privatization, and globalization)

• Critics have alleged that India has diluted socialistic principles by opting for globalization and
Privatization but this criticism is not valid because the objectives of socialism can be achieved
either through state-led development (Before 1991) or through market-dominated
development (Post-1991)

• Socialism still reminds extremely relevant in the age of globalization and privatization
because it is the responsibility of the state to reduce inequalities in the distribution of
income and wealth by investing in Education, Health, and Infrastructure.

Secular [19:36:00]

• The word secular was added by the 42nd Constitutional amendment to the constitution in
1976. Dr B R Ambedkar argued that there is no need to mention secularism in the preamble
because the entire constitution is founded on the principles of secularism. Articles 25-28
define the secular nature of the Indian state.

• Secularism had its origin in Europe wherein the state revolted against the dominance of
religious institutions. In Europe, secularism is defined as a concept wherein the state has
nothing to do with religion. There is a complete separation between the activities of the
state and of religious institutions. The state does not recognize any religion nor does the
state will take into consideration religious traditions and customs while formulating
policies. Secularism is defined in negative terms in western countries

• On the other hand, in India, secularism is defined from a positive perspective. The Indian
concept of secularism had its origins in ancient traditions and customs and culture of the
country. India is always known for its diversity, openness, respect for traditions and customs,
and flexibility. This has influenced our constitutional forefathers
 • The state recognizes all religions and treats all of them equally. The state will not
discriminate against people on the basis of their religion. Fundamental rights also provide
complete freedom to citizens to practice, preach, and propagate their religious beliefs

• The concept of secularism has undergone many changes since the time of independence.
There were instances wherein political parties used religion to win elections and to retain
powers resulting in communalism. It was started during British times when the Britishers
opted for Divide and rule policy but in the last 75 years, India has successfully preserved its
secular credentials

Democratic [19:52:00]

• The essence of Democracy is the sovereignty of citizens. There are two types of democracy
i.e Direct democracy and Indirect or representative democracy

• Direct democracy

• Here, people rule themselves directly without the help of any intermediaries i.e
representatives.

• They take all the decisions by themselves and also implement those decisions.

• The best example of direct democracy is Gram Sabha in Rural local self-governments

• Representative democracy- Our constitutional forefathers have realized that it is not

possible to have direct democracy for such a large country as India. They have opted for
Indirect democracy in the form of parliamentary democracy wherein the executive is made
accountable to parliament.

• Democracy in India is not restricted only to Political democracy. It also includes social and
economic democracy

• As pointed out by Dr B R Ambedkar, political democracy is meaningless unless it is

accompanied by social and economic democracy

The topic for the next class:- Social and economic democracy, Justice, And other parts of the
preamble.

Summary

Polity Class 06

A brief overview of the previous class [17:00:00]

Justice: Social, economic, and Political [17:02:00]

• This was included in the preamble as Indian society is characterized by many inequalities
which ultimately has resulted in the exploitation of these sections of societies in the name of
traditions and customs

• Social justice emphasizes on equal treatment of all citizens irrespective of their caste, color,
ethnicity, gender, religion, language, religion, and so on. It also means that the state will not
extend any privileges to any section of society. The state will also work towards the
empowerment of socially disadvantaged sections of society.
 • Economic justice- The state will not discriminate against people on the basis of their
economic conditions and the state will also work towards empowering weaker and poorer
sections of society by focusing on their education, health, and infrastructure. One of the
important objectives of the socialistic pattern of society is to remove widening inequalities in
the distribution of income and wealth

• Political justice- The success of any democracy depends on the ability of the state to protect
and promote political freedoms and rights of citizens. In India, it is ensured through freedom
given to people to express their opinions to vote in elections, and also to contest elections

• [* When we can overcome this caste discrimination?- economic growth can automatically
lead to decline in discrimination + Political access]

Liberty [17:28:00]

• Liberty means the absence of restraints or limitations on the activities of individuals

• It also means providing opportunities for individuals to develop themselves

• Preamble secures to all citizens of India liberty of thought, expression, belief, faith, and
worship.

• [* Beleif- is more democratic in nature. One can believe in capitalism and one can believe in
socialism. So Beleif allows democratic choices.

• Faith- is much more rigid. ]

• [* Freedom is individual liberty. Liberty is at the societal level]

• Liberty of individuals is essential for the effective functioning of democracies. Individuals

should be given complete freedom to think, to say, and to act but at the same time, it must
be remembered that this liberty can not can absolute.

Equality [18:03:00]

• Equality means the absence of privileges to any section of society.

• It also means providing adequate opportunities to all sections of the society without any
discrimination

• [* Why equality is needed?- our society is not equal opportunity society

• It is guaranteed by our constitutional forefathers through Fundamental Rights but these

Fundamental Rights are not absolute.

• Equality is provided in the constitution through Fundamental rights. It includes Civic,

Political, and economic equality

• Civic equality includes- Equality before the law, the Right against discrimination, equality of
Opportunity in matters of public employment, abolition of untouchability, and the abolition
of titles

• Political equality is achieved by providing equal opportunities for people to vote in the
elections and to contest for public offices (State legislative assemblies and Lok Sabha)

• Economic equality is ensured through directive principles of state policies

Fraternity [18:17:00]

• Fraternity means promoting a sense of Brotherhood, a sense of togetherness and

belongingness among the people

• India is a country with so much of diversity in the form of Religion, Region, Caste, language,
Gender, Ethnicity, Race, and so on. It is very easy to divide people and create unwanted
identities.

• It can ultimately result in regionalism, communalism, secessionism, and terrorism. It can lead
to the further partition of the country also.

• Our constitutional forefathers have realized the dangers of these divisive identities. They
believed that the unity and integrity of the country can be protected and promoted only
when a sense of fraternity is promoted among the citizens of the country.

• Justice, liberty, equality, and fraternity are interdependent. As pointed out by Dr. Ambedkar,
equality can not be achieved without justice and liberty. Whereas Fraternity can help in
removing discrimination, and exploitation within the societies

• The idea of Justice is taken from the Russian revolution, whereas the ideals of Equality,
liberty, and fraternity are taken from the French revolution

Republic [18:32:00]

• Democracy can be either based on Monarchy or a Republic

• For example- The United Kingdom has a Constitutional Monarchy wherein the head of the
state position is Hereditary in nature

• Another form of democracy is a republican form of government where the head of the state
is elected. For example- India is a republic because the President is elected

Is the Preamble a part of the constitution? [19:07:00]

• Supreme court in the Berubari union case, 1960 has ruled that the preamble is not a part of
the constitution. It is key to the minds of our constitutional forefathers.

• It can also be used to clarify any ambiguity regarding the interpretation of the articles of the
constitution

• In the Keshavananda Bharti case, 1973, SC rejected the previous judgment and ruled that
the preamble is an integral part of the constitution.

• In the LIC of India case, 1995, SC ruled that Preamble is a very significant part of our
constitution and is also an integral part of our constitution

• Preamble is not justiciable i.e. provisions of the preamble are not enforceable in a court of
law

• Preamble is not a source of power for legislature. It also does not impose any restrictions on
the power of the legislature.

• After Keshavananda Bharti Judgment, parliament has amended the Preamble through the
42nd Constitutional Amendment. It has included the words- Socialist, Secular, and Integrity
Amendment to the constitution [19:17:00]

• Definition

• An Amendment may be defined as the addition of a provision on a new and independent

subject. It also includes adding more to a specific article or clause. It also includes striking
out an article or a clause.

• Why do we need a constitutional amendment?

• Our constitution is not a mere static rulebook but as pointed out by the first Prime Minister,
the late J L Nehru, it is a dynamic living organism.

• With the passage of time the wishes and demands of people keep on changing and our
constitution must reflect those changes

• Our constitutional forefathers have provided opportunities for future policymakers to make
those changes

• Article 368 has provisions for amending the constitution

• Constitution can be amended through three different ways

• Type I-

• By the simple majority of parliament- It requires a majority of each half of parliament and
the majority of members present and voting. It is similar to the ordinary legislative process.

• [* Parliament- Lok Sabha(550 maximum strength, present strength is 545) + Rajya

Sabha(maximum strength is 250, present strength is 245) ]

• Simple majority= If 450 members are present and voting then Simple majority= 226, if 545
are present and voting then the simple majority is 273

• Following provisions can be amended through Type I Amendment

• 1) Formation of new states

• 2) Changing boundaries and names of existing states

• 3) Creation or abolition of legislative councils in the states

• 4) Administration and control of scheduled areas and scheduled tribes

• 5) Salaries and allowances of SC and HC judges

• 6) Laws related to citizenship

• Type II

• By a special majority of parliament- It means the majority of the total membership of each
house and a majority of 2/3rds of members of each house present and voting

• Total membership means the total number of members comprising the house irrespective of
the fact that whether there are vacancies or absentees

• Example- Total membership is 545. Two are absent so these are vacancies and 543 is the
strength now
 • Suppose 480 are present and voting

• For the special majority- 320 votes are required + This number should be more than 273
[Majority of total membership]

• Provisions that require this type of amendment

• 1) Fundamental rights

• 2) DPSPs

• 3) All other provisions which are not covered by the first and third categories

The Topic for the next class:- Type III amendment, and other constitutional provisions.

Summary

Polity Class 07

Polity Class 07 [17:00:00]

A brief overview of the previous class and Q&A session

Type III amendment [17:11:00]

• It requires a special majority of the parliament and also the consent of more than half the
state legislative assemblies with a simple majority

• Subjects that can be Amended under this type

• Manner of election of the president

• Matters relating to the executive powers of the union and the states

• Representation of states in Parliament

• Matters related to SC and HCs

• Distribution of legislative powers between the Union and states

• Any list in the seventh schedule

• Provisions of Article 368 relating to the procedure for the amendment of the constitution

• [* These all are related to Federal provsions]

Criticism against Amendment Process [17:23:00]

• There is no special body or institution to amend the constitution. In the USA, it has a special
body. Only parliament is given the power to amend the constitution. Most of the time
constitution was amended mostly for political purposes.

• State legislatures can not initiate the amendment process which goes against the federal
nature of our constitution. The state legislature can only initiate the process of establishing
Legislative councils or removing existing councils. Even here also, recommendations of state
legislatures are not binding on Parliament
 • There is no time limit for state legislative assemblies to give their approval.

• There is no provision for a joint sitting of houses in case of a deadlock between the Lok
Sabha and Rajya Sabha

Constitution [17:44:00]

Article 1 of the Indian constitution

• Articles 1 to 4 under part one of the constitution deal with the Union and its territories

• Article 1 describes India i.e. Bharat as a union of states and not a federation of states.

• Our constitutional forefathers discussed in depth the status of the country. They felt that
India can not afford a classic federation like the USA

• In the USA, all the states had come together in a voluntary manner and created the
federation. Entry into the federation was completely voluntary in nature. Citizens also have
dual identities i.e. they are citizens of the state as well as the country. [* In the USA, every
state has its own Driving License]

• Residual powers which are not mentioned in the constitution are given to the states. This is
called a Classic federation, where the states have more autonomy. States are mentioned in
the name of the country also. Entry into the Federation is voluntary but not leaving the
federation is.

• GoI 1935 Act, has for the first time introduced a federal form of government in India. It was a
weak federation with the central government retaining power over defence, international
relations, currency, and national security. Princely states were given complete freedom in all
other matters. But this experiment was not successful as most of the princely states refused
to join this federation.

• After independence, our constitutional forefathers had many challenges confronting them
while formulating the constitution. The biggest problem was how to protect and preserve
the unity and integrity of the nation.

• The country was also facing problems related to

• a) Partition of the country on communal lines

• b) Integration of 640 princely states into the Indian union

• c) Secessionist tendencies in different parts of the country

• d) The idea of India was very young

• By taking all the problems into consideration, it was decided that India would be a union of
states only and not a federation. India is described as "An Indestructible Union of
Destructible States". States have been created only for administrative efficiency and they do
not have only political identities.

• The country is described as a Union although the constitution is federal in nature.

• Dr B R Ambedkar explained the REASON for adopting the union of states instead of the
federation of states.
 • In India, our federation is not the result of an agreement between the states, unlike the USA.
Similarly, states also do not have any right to secede from Union

• According to Article 1, the territory of India is classified into three categories.

• a) Territories of States

• b) Territories of the union territories

• c) Territories which may be acquired by the Government of India at any point in time

• At present, there are 28 states and 8 union territories.

• Territory of India is a much wider expression than the Union of India. The Union of
India includes only the states whereas the territory of India includes UTs and also the other
territories that India might acquire in the future.

• New territories can be acquired according to the modes recognized by International law

• a) Cession- Through the treaty, purchase, Gift, Lease, or through Plebiscite

• b) Occupation (land which is unoccupied)

• c) Through Conquest

• India has acquired several territories after independence- Dadra & Nagar Haveli, Goa,
Daman & Diu, Puducherry, and Sikkim

Article 2 of the Indian constitution [19:00:00]

• Parliament may by law admit into the union or establish new states on such terms and
conditions as it thinks fit

• Article 2- Parliament has the power

• a) To admit new states into the Union

• b) To establish new states

• It means an admission of already existing states and it also has the power to create new
states where not existed before

Article 3 of the Indian constitution [19:04:00]

• Parliament has the power to form new states and alteration of areas, Boundaries, or names
of existing states

• It can create a new state by separating of territories from an existing state- For example-
Uttarakhand from Uttar Pradesh, Bihar and Jharkhand, Andhra Pradesh & Telangana OR by
uniting two or more stares OR by uniting any territory to a part of any state

• Parliament can increase the area of the state.

• It can decrease the area of any state.

• It can change the boundaries of any state.

• It can also change the name of a state also.

 • Under Article 3 the Bill must satisfy two conditions-

• 1) It shall be introduced in either house of Parliament only on the recommendation of the

President

• 2) The Bill must be referred by the President to the state legislature to express its views and
the president can fix the time limit for the state legislature to express its views. But the views
expressed by the state legislature are not binding on the president

Difference between Article 2 and Article 3 [19:12:00]

• Article 2 relates to the admission or establishment of new states that are not part of the
Union of India

• Article 3 deals with the internal re-adjustment of the territories within the Union of India

Constituent Assembly on Article 3- Explanation [19:15:00]

• Dr B R Ambedkar argued that giving absolute power to parliament for the creation and
alteration of boundaries of a state is against the spirit of federalism

• Most of the members agreed on the anti-federal nature of Article 3 but it was necessary.
Why?

• Princely states had secessionist tendencies

• Example- In 2011, the UP assembly passed a resolution to divide UP into 4 parts- But it was
not accepted by the Center

• Example- In 2014, the AP assembly rejected the resolution to create Telangana but the
center went ahead with the creation of the state

• If power is given to States- it will lead to separatism, secessionist tendencies, regionalism,

terrorism

Article 4 of the Indian constitution [19:19:00]

• Article 4 provides for the procedure for the establishment of new states. It also mentions
that this procedure will not be considered as an amendment to the constitution under
Article 368.

• It means that these laws can be passed by a simple majority and by the ordinary legislative
process

• The power of the parliament to diminish the area of a state (Article 3) does not include the
power to cede Indian territory to a foreign country. The question had come up in 1960
before SC through a presidential reference. The government decided to cede a part of the
territory known as the Berubari Union in West Bengal to Pakistan in 1960.

• SC ruled that it can be done only through a constitutional Amendment under Article 368.
Finally, the 9th Constitutional Amendment Act was passed by the parliament to transfer the
territory to Pakistan.

• In 2015, the 100th Constitutional Amendment Act was passed to give effect to the
acquisition of certain territories from Bangladesh and the transfer of some other territories
to Bangladesh as part of settling long-term border disputes with Bangladesh.
Evolution of states in India- Explanation [19:34:00]

• At the time of independence- British India + Princely states

• Reorganisation of the state took place over the time

• Initially, the Constituent Assembly and Congress party were against the further
reorganization of states

• When the Freedom movement was going on simultaneously regional movement was also
going on

• In Madras province, the Telugu-speaking people [16 districts] formed a separate committee
and met Mahatma Gandhi and asked for a separate identity.

• After independence, the separate statehood demand grew further

• Dhar commission rejected the idea of reorganization based on Language, rather it

recommended to create of states based on administrative efficiency

• JVP committee was constituted [Pandit Jawaharlal Nehru, Vallabhai Patel, and
Pattabhisitaramayya]. Potti Sreeramulu went on a hunger strike

• Andhra Pradesh came into existence based on linguistic lines. It ignited agitations in different
parts of the country

• 1953- Fazl Ali commission- It recommended linguistic reorganization.

• Mysore state, Kerala, Tamilnadu was formed

• The 1960s- Maharashtra and Gujarat came into existence from the Bombay province

• 1960- Punjab was divided into Punjab and Haryana. Chandigarh was made combined capital

• Sikkim was brought into Indian Union

• More states were created in North East

• Goa was made a state

• Mysore became Karnataka

• 2000- Jharkhand, Uttarakhand, and Chattisgarh were created. It started the debate in Andhra
Pradesh about further Division

• History of Andhra Pradesh and Telangana

• Telangana region was ruled by Nizams and it was backward whereas coastal Andhra was
ruled by Bristishers

• Britishers created more dams and brought more land into cultivation so coastal Andhra was
more developed. So in 1960 agitation started in Telangana for separation from Andhra
Pradesh.

• 1967- Indira Gandhi made P V Narasimha Rao as chief minister of Andhra Pradesh, thus
agitation died out temporarily

• Now people of Andhra started agitation for a separate state

 • In the 1990s, India adopted LPG, and Hyderabad, Chennai, and Bengaluru witnessed huge
development because of Software Hub

• The 2000s- The government created three states- Uttarakhand, Jharkhand, and Chattisgarh

• Demand for a separate state of Telangana again started

• [* Common in all new states creation- All were facing the issue of being backward and far
away from the capital]

• 2009- UPA government decided to divide the state

The topic for the next class: - Creation of small states.

Summary

Polity Class 08

Polity Class 08 [17:00:00]

A brief overview of the previous class

Evolution of States and UTs in India [17:08:00]

• At the time of the commencement of the constitution, India had a four-fold classification of
states

• Part A- It comprised 9 Governor's provinces in British India- Example- Bombay, Assam, Bihar,
Madhya Pradesh, Madras, Orissa, Punjab, United Provinces, and West Bengal

• Part B states- Consisted of 9 princely states which have legislatures- Hyderabad, Jammu&
Kashmir, Madhya Bharat, Mysore, Patiala & east Punjab, Rajasthan, Saurashtra, Travancore,
Cochin, Vindhya Pradesh

• Part C- It consisted of the chief commissioner's provinces of British India and it has 10
provinces

• Part D - Andaman & Nicobar islands

• In October 1953, the Government of India created the state of Andhra Pradesh on a
Linguistic basis due to the agitation led by Potti Sriramulu. He went on fast demanding a
separate state and after 56 days of hunger strike, he sacrificed his life

• Earlier, in 1948, the Government of India appointed the S K Dhar commission to examine the
feasibility of creating more states. It has suggested that new states should be created on the
basis of administrative convenience than on the basis of language. Congress party in the
same year constituted another committee JVP committee consisting of Pandit Jawaharlal
Nehru, Vallabhai Patel, and Pattabhisitaramayya. This committee also rejected the Linguistic
reorganization of states

• After the creation of Andhra Pradesh in 1953, similar demands had come up in different
parts of the country. It has forced the government of India to appoint a new committee
popularly known as the State Reorganisation commission under the chairmanship of Fazl Ali.
 The commission has recommended the linguistic reorganization of states but rejected the
theory of one language one state.

• In 1956, many states had come into existence including Kerala, Mysore state, Andhra Pradesh
(Telangana + Coastal Andhra Pradesh), Punjab, Rajasthan, Madhya Pradesh, and so on

• In 1960, Bombay state was divided into Maharashtra and Gujarat

• In 1961, Dadra & Nagar haveli was converted into a Union Territory. Goa, Daman& Diu were
acquired from the Portuguese through police action. Initially, they were constituted as a
union territory, and in 1987 Goa was given the status of a state

• In 1954, The French handed over Puducherry to Indian Union and in 1962, it was converted
into Union Territory

• In 1963, Nagaland was formed to satisfy the demands of Nagas.

• In 1966, Punjab was bifurcated into Punjab and Haryana. [Sikh population demanded a
separate state]

• In 1972, Manipur, Tripura, and Meghalaya had come into existence

• In 1974, Sikkim expressed its desire for greater association with India. Initially, it was given
the status of an "Associate state" but this experiment has failed. In 1975 referendum was
held in Sikkim and people voted for the abolition of the princely state and for the integration
of Sikkim into the Indian Union

• [* Sikkim has special status- Original inhabitants of Sikkim do not have to pay income tax]

• In 1987, Mizoram, Arunachal Pradesh, and Goa had come into existence

• In 2000, Chattisgarh, Uttarakhand, and Jharkhand had come into existence by dividing
Madhya Pradesh, Uttar Pradesh, and Bihar respectively

• In 2014, the New state of Telangana had come into existence by dividing Andhra Pradesh

• In 2019, Jammu & Kashmir was converted into two separate union territories- Jammu&
Kashmir and Ladakh

• At present India has 28 states and 8 union territories

Renaming of states [17:52:00]

• United Province was renamed as Uttar Pradesh in 1950

• Madras was renamed as Tamilnadu in 1969

• Mysore was renamed as Karnataka in 1973

• Lakshadweep also come into existence in 1973

• In 1992, the Union territory of Delhi was redesignated as the National Capital Territory of
Delhi

• In 2006, Uttaranchal was renamed as Uttarakhand. In the same year, Pondicherry was
renamed as Puducherry

• In 2011, Orissa was renamed as Odisha

Creation of Small states [17:58:00]

Arguments in favour of the creation of new states

• After Telangana had come into existence in 2014 the country witnessed demands from
different quarters for the creation of more states including states of Maharashtra, Tamilnadu,
Karnataka, West Bengal, Uttar Pradesh, and others. It has resulted in a debate within the
country regarding the creation of small states

• It is argued that if America with a population of 35 crores can have 50 states, India with a
population of 140 crores can afford at least 100 states

• It is believed that small states can result in improvements in Administrative efficiency

• It can also fulfil the aspirations and demands of people. It can strengthen the unity and
integrity of the nation and also. On the other hand, if these demands are not fulfilled
Regionalism can ultimately be linked to secessionism also.

• Some states in India have become administratively unviable due to their very high
population. They must be divided to fulfil the aspirations of people and also to ensure
Balanced Regional development

Arguments against the creation of small states

• Even though India's population is 4 times that of the USA, but, in terms of Area India is only
one-third of the size of America. India does not require as many states as America has
because of its size.

• There is no empirical data/ proof to suggest that small states are better-governed states. For
example- Out of the three states that had come in 2000, only Uttarakhand is performing well
because of its tourism and also because of its special category status granted to the state.

• The creation of new states would result in more administrative expenditure in the form of
constructing new capitals, recruiting more personnel, and other administrative expenses

• It can also result in more problems in the form of border disputes and also sharing of river
waters

• Since most of the states that could come into existence are poor states, they have to depend
hopelessly on the central government for their survival. They would become economically
unviable. There would be more demands for special category status. Ultimately it would
result in a huge amount of financial burden on the central government

• After the creation of more states, if development did not take place it can result in more
demands for more states also which can ultimately lead to the partition of the country also.

Solution/ Way Forward [18:43:00]

• There are some states in India that have become administratively unviable because of their
large population. They can be divided but this division should be taken place on the basis of
administrative efficiency, financial viability, and long-term sustainability. It should not take
place on Emotional grounds
 • To conclude, the creation of new states is only a means to achieve the objectives of rapid
economic growth and development. It can not become an end in itself. More than the
creation of new states the focus should be on Decentralized governance.

• Opportunities should be provided to people at the lowest level to empower themselves by

focusing on improving physical and social infrastructure. Local self-governments should play
a very important role in realizing the objectives of inclusive and equitable growth.

Citizenship [19:05:00]

• In any country, there are two different types of people

• a) Citizens

• b) Aliens

• Citizens enjoy special rights and privileges

• Indian constitution provides special rights and privileges to its citizens (Which are not
provided to Aliens)

• Rights provided to citizens only

• Right Against Discrimination (Article 15)

• Right to equality of opportunities in the matter of Public employment (Article 16)

• Right to freedom of speech and expression (Article 19)

• Cultural and Educational Rights (Article 29 and Article 30)

• Right to vote in elections to Lok Sabha and State legislative assemblies

• Eligibility to hold public offices including President, Vice president, Judges of SC and HCs,
Governor of states, Attorney General and Advocate General

• Right to contest elections to Lok Sabha and State legislative assemblies

• Apart from Rights, citizens also have to perform certain duties including

• Respecting the constitution, National Flag, and National Anthem

• Paying taxes

• Foreigners can not contest elections to RS, LS, or Local bodies

Article 5- 11 of the Indian constitution [19:23:00]

• Article 5- 11 in part II of the constitution deal with citizenship

• Article 5- It deals with citizenship at the commencement of the constitution

• Article 6- Rights of citizenship of certain persons who have migrated to India from Pakistan

• Article 7- Rights of citizenship of certain Migrants to Pakistan

• Article 8- Rights of citizenship of certain persons of Indian origin residing outside India

• Article 9- Persons voluntarily acquiring citizenship of the foreign state

 • Article 10- Continuance of rights of a citizen

• Article 11- Parliament is given the power to regulate the right of citizenship by Law

• Citizenship Act was passed by our Parliament in 1995. It provides for the acquisition of Indian
citizenship and loss of Indian citizenship after the commencement of the constitution.

Acquisition of Citizenship [19:34:00]

• By Birth

• A person born in India on or after January 26, 1950, but before July 1, 1987, is a citizen of
India by Birth irrespective of the nationality of his parents

• Those who take birth in India on or after December 3, 2004, are considered citizens of India
only if both of their parents are Indian citizens, or, One of their parents is an Indian citizen
and the other parent is not an illegal migrant at the time of their birth.

• Children of Foreign diplomats posted in India and enemy aliens can not acquire Indian
citizenship by Birth

• By Descent

• From December 3 2004 onwards, A person born outside India shall not be a citizen of India
by Descent unless his birth is registered at an Indian consulate within one year of the date of
Birth or with the permission of the central government after the expiry of one year.

• Application for registration of Birth must be accompanied by an undertaking in writing from

the parents of the minor child that the child does not hold a passport from another country.

• By Registration

• Central Government can register as a citizen of India any person (Not an illegal migrant) if he
belongs to the following categories

• a) A person of Indian origin who is ordinarily a resident of India for 7 years before making an
application for registration

• b) A person of Indian origin who is ordinarily resident in any country or place outside
undivided India

• c) A person who is married to a citizen of India and is ordinarily resident in India for 7 years
before making an application for registration

• d) Minor children of persons who are citizens of India

• e) A person with full age and capacity whose parents are registered as citizens of India

• f) A person of full age and capacity who has been registered as an overseas citizen of India
(OCI) cardholder for 5 years and who is ordinarily a resident in India for 12 months before
making an application for registration

• By Naturalization

• By Incorporation of a territory

• By special provisions
The Topic for the next class- Other provisions for Acquisition of citizenship.

Summary

Polity Class 09

Polity Class 09 [17:00:00]

A brief discussion of the previous class and Q&A session

Citizenship Acquisition process continued [17:18:00]

• Citizenship by Naturalization

• Central government may on an application grant a certificate of Naturalization to any person

(Not an illegal migrant) if he possesses the following qualification

• a) That he is not a citizen of any country where citizens of India are prevented from
becoming citizens of that country by Naturalization

• b) If a citizen of any country, he undertakes to renounce the citizenship of that country in the
event of his application being accepted in India

• c) If he has either resided in India or been in the service of a government in India or Partly
the one or partly the other over a period of 12 months preceding the date of the application

• d) He must be of good character

• e) He must have adequate knowledge of the language specified in the 8th schedule of the
constitution

• f) Once he is given citizenship he will be eligible to reside in India to serve in the Government
of India or in any International Organization or company set up by an Indian citizen

• g) The government can remove all or any of these conditions if the government feels that the
person has rendered distinguished service to the science, philosophy, Art, literature, world
peace, or Human progress

• By incorporation of a territory

• If any foreign territory becomes a part of India, the government specifies the persons within
the particular territory who can become citizens of the country. For example- When
Pondicherry became part of India, people were granted Indian citizenship.

Loss of Citizenship [17:35:00]

• By Renunciation

• Any citizen of India of full age and capacity can make a declaration renouncing his Indian
citizenship. Once this declaration is registered then that person ceases to be a citizen of
India. If this declaration is made during a time of war its registration will be withheld by the
central government till the end of the war

• By termination
 • When an Indian citizen voluntarily acquires citizenship of another country, his Indian
citizenship automatically is terminated

• By Deprivation

• It is a compulsory termination of Indian citizenship by the central government

• a) If the citizen has obtained citizenship by fraud

• b) The citizen has shown disloyalty to the constitution of India

• c) The citizen has unlawfully traded or communicated with the enemy during a war

• d) The citizen has within 5 years after registration or Naturalization been imprisoned in any
foreign country for 2 years

• e) The citizen has been ordinarily resident out of India for 7 years continuously

Overseas citizenship of India [18:00:00]

• In September 2000, GoI set up a committee to engage constructively Indian citizens whoever
residing abroad

• Citizenship Amendment Act 2003, made provisions for the acquisition of OCI (Overseas
Citizenship of India) by the PIOs (Persons of Indian origin) of 16 specified countries other
than Pakistan and Bangladesh

• OCI is a not a dual citizenship as the Indian constitution has provisions only for single
citizenship

• In 2002, the PIOs card scheme was introduced and later and later OCI card was introduced in
2005. In order to avoid confusion and also in order to provide more benefits, the
government decided to merge PIOs and the OCI scheme

• In 2015, the citizenship Amendment Act was passed and it introduced the OCI cardholder
scheme.

• OCI cardholders can benefit in the form of multiple entry and Lifelong visas for visiting India
for any purpose

• They enjoy parity with NRIs with respect to all facilities available to them in all fields of
economics, finance, and education.

• They can visit India without Visa for lifelong.

Fundamental Rights [18:19:00]

Rights and Philosophy- Explanation

• Part III, Article 12-35- Fundamental rights

• Rights- it is a privilege conferred on a person

• Fundamental right- basic to our existence, we can not live without these rights, we can not
lead a respectable, dignified life without these rights

• As human beings when we take birth as free souls, then there is no restriction & at the time
of death also, no restriction- The right to life.
 • Without the Right to life, there is no meaning of existence.

• For any democratic government, rule-based governance, the right to life is central.

• All of us are born equal, at the time of Birth there was no caste, no religion, that is why it is
NATURAL for someone that if nature did not discriminate then society should also not
discriminate

• Nature does not differentiate, such as Pond or tree- That is why it is NATURAL to have a Right
against Discrimination

• After Birth we are given Artificial identity/ Ascribed status- Which causes all the problems in
society

• "life is a long journey from being Human Being to Being Humane"- After birth, we forget
that we are human beings and we follow the Artificial identity

• Why should we differentiate/ discriminate for something which was assigned to us after
Birth, we need to follow only one thing i.e. humanity/ human beings.

Dictation of Fundamental Rights

• Fundamental rights are called Fundamental because they are essential for basic human
existence. They are guaranteed and protected by the constitution. They are most essential
for The round development of individuals. They are incorporated in part III of our
constitution from Article 12 to Article 35.

• They are derived from the constitution of the USA (Bill of Rights)

• They are guaranteed to all persons without any discrimination. Fundamental Rights can be
broadly divided into the following categories

• a) Right to equality [Article 14-18]

• b) Right to Freedom [Article 19-22]

• c) Right against exploitation [Articles 23- 24]

• d) Right to freedom of religion [Articles 25- 28]

• e) Cultural and educational rights [Artilcles 29-30]

• f) Right to property- Article 31 [* It was removed by the 44th Constitutional Amendment and
was made an ordinary legal right]

• g) Right to constitutional remedies [Article 32]

Features of Fundamental Rights [19:01:00]

• Some of these Fundamental Rights are available only to Indian citizens while others are
available to foreigners also

• Fundamental rights are not absolute it means the state can impose reasonable restrictions
and the Judiciary will decide whether the restrictions are reasonable or not

• All these FRs are available against the arbitrary action of the state. Some of them are
available against private individuals also.
 • Some of these FRs are negative in character i.e. they place limitations on the authority of the
state whereas some others are positive they confer certain privileges on the people

• FRs are Justiciable i.e. Violation of these FRs can be challenged in a court of law

• FRs are not sacrosanct i.e. they are not permanent or rigid. Parliament can limit the scope of
FRs but it must be done with a Constitutional Amendment. It should also be done without
affecting the basic structure of the constitution

• FRs can be suspended during the operation of a National emergency except for Rights
guaranteed under Articles 20 and 21. Six rights guaranteed under Article 19 can be
suspended only when an emergency is imposed on grounds of war and external aggression

• FRs can also be limited by Articles 31 A, 31 B, and 31 C

Article 12 of the Indian constitution [19:30:00]

• Article 12 defines the "state" regarding the FRs of citizens under Part III of our constitution

• It includes the following

• a) The government of India and the Parliament of India i.e. the executive and legislative
organs of the union government

• Parliament consists of Lok Sabha, Rajya Sabha, and the President whereas the executive
consists of the Council of Ministers headed by the Prime Minister

• b) Government and Legislature of states i.e. the executive and legislative organs of the state
government

• It includes State legislative assemblies, legislative councils, and councils of ministers headed
by the chief minister

• c) All the local authorities including Municipalities, Panchayats, District Boards, Improvement
Trusts, and so on

• d) All other authorities i.e. Statutory and non-statutory Authorities like LIC, ONGC, SAIL

• Article 12 defines state in a much wider sense so that the actions of all these organizations
can be challenged in a court of law for violation of FRs

• Judiciary is not included in the definition of state under Article 12 of the Constitution
because it is given the power to pronounce judgments in the case of violation of FRs

• When Judiciary performs non-Judicial functions it falls within the definition of the state
under Article 12 of the constitution.

Private sector- A part of the state? [19:56:00]

• Recently the issue has come up regarding the inclusion of the private sector in the definition
of the state. After 1991, India opted for liberalization, Privatization, and globalization as part
of LPG, the government has opted for Public-private partnerships for Infrastructure
development and industrialization.
 • It has raised questions regarding the Inclusion of the Private sector in the definition of state
but till now there is no clarity regarding the status of the private sector in the definition of
the state.

The Topic for the next class:- Article 12 & Article 13 of the Indian constitution.

Summary

Polity Class 10

A brief overview of the previous class and Q&A session (05:00 PM)

ARTICLE 13 OF THE INDIAN CONSTITUTION (05:14 PM)

• Article 13 mentions that all legislation that is inconsistent with or in derogation of any of the
Fundamental Rights shall be void. It provides for Judicial review i.e. Judiciary has the right to
review the legislation for its constitutional validity. This power is given to SC under Article 32
and to HCs under Article 226.

• What is LAW?

• The law under Article 13 includes-

• a) Permanent laws enacted by parliament or by state legislatures- [* Which are discussed,

debated, and passed on the floor of the house. ]

• b) It includes temporary laws like Ordinances issued by the president or the state Governors-
[* They have to be passed within the period of six months otherwise they will lapse ]

• c) Statutory instruments in the form of delegated legislation like orders, Bye-laws, Rules,
Regulations, or Notifications.

• d) It also includes non-legislative sources of law i.e. Customs or usage having the same force
as the law.

ARTICLE 14 OF THE INDIAN CONSTITUTION- RIGHT TO EQUALITY (05:47 PM)

• Article 14 emphasizes that the state shall not deny any person equality before the law or
equal protection of laws within the territory of India.

• It confers rights to all persons whether they are citizens or foreigners.

• The word "PERSON" includes legal persons also- Legal persons means statutory corporations,
companies, Registered societies, or any other type of legal persons.

• The concept of rule of law has two important dimensions

• a) Equality Before the law, which is of British Origin and,

• b) Equal protection of the law, which is inspired by the American constitution.

• Equality before the law includes

• 1) Absence of any special privileges in favour of any person.

 • 2) The equal subjection of all persons to the ordinary law of the land administered by
ordinary law courts.

• 3) No persons are above the law.

• This concept of equality before the law is taken from the concept of rule of law given by A V
Dicey, a British constitutional expert.

• Dicey's concept of rule of law has three important elements

• a) Absence of arbitrary power- It means that no person can be punished except for a
distinct breach of law which is being proved by ordinary courts following the ordinary legal
process. People should be given the freedom to call themselves innocent ( Innocent until
proven guilty).

• b) Equality before the law- I.e. every person is equal in the eyes of law. Howsoever high
he/she may be in terms of his/her position, status, wealth, name, fame, and popularity.

• c) The primacy of the rights of the individuals i.e. the source of Fundamental rights is in
traditions and customs and also in Judgments delivered by courts from time to time. It
means that the constitution is the result of the rights of the people.

• The third aspect of Dicey's concept of rule of law is not there in the Indian administration. [*
First feature is in India, the second feature is also there in India]

• In India, the constitution is the source of Fundamental Rights.

EQUAL PROTECTION OF LAWS (06:58 PM)

• The concept of equal protection of the law is taken from the American constitution. It
means-

• a) Equality of treatment in equal circumstances, both in the privileges conferred and

liabilities imposed by the law.

• b) Similar application of laws to the same person who is similarly situated.

• c) The like should be treated alike without any discrimination.

• We can see the implementation of these principles in the functioning of the government, for
example, all those who are living below the poverty line (similar circumstances) are treated
equally by the government.

• Similarly, Judiciary also maintains consistency in terms of the judgments it delivers so that
there is strict implementation of rule of law in both letter and spirit.

EXCEPTIONS TO ARTICLE 14/ RULE OF LAW (07:24 PM)

• The president of India and the governor enjoys immunities under Article 361 of the
constitution.

• No person shall be liable to any civil or criminal proceedings in any court with respect to the
publication in a newspaper of a true report of any proceedings in either house of
parliament.
 • No member of parliament shall be liable to any proceedings in any court in respect of
anything said or any vote given by him on the floor of the house.

• Article 31C is also an exception to Article 14.

• Foreign Ambassadors and diplomats also enjoy immunity from criminal and civil
proceedings.

• UNO and its agencies also enjoy immunities.

ARTICLE 15 OF THE INDIAN CONSTITUTION (07:36 PM)

• Prohibition of discrimination on certain grounds.

• The state shall not discriminate against any citizen on grounds of only Religion, Race, caste,
Sex, or, Place of Birth.

• Discrimination means being treated differently.

• Discrimination on other grounds is permitted as the article prohibits discrimination only on

the basis of Race, religion, sex, caste or place of birth.

• Second provision- No citizen shall be subjected to any disability, liability, or restriction on

grounds of only of religion, race, caste, sex, or place of birth with regard to

• a) Access to shops, Public Restaurants, Hotels, and places of Public entertainment or,

• b) The use of wells, tanks, bathing ghats, roads, and places of public resort maintained
wholly or partly by state funds or, dedicated to the use of the general public.

• Question- Critically analyze the demand for the creation of new states in India with relevant
examples and also provide solutions. (250 words/ 15 marks).

The Topic for the next class:- Articles 15 and 16 of the Indian constitution.

Summary

Polity Class 11

A brief overview of the previous class (05:00 PM)

CONCEPT OF EQUALITY- USA v/s INDIA (05:05 PM)

• Equality has been achieved in only an egalitarian society I.e. no class differences. But there is
no society that is egalitarian in nature.

• Procedural equality v/s substantive equality

• Procedural equality-

• The USA also has racial inequality (Blacks & other communities v/s White community).

• The backward community does not have access to education, health, and other. In public
employment USA does not give any reservation, it is totally based on merit.
 • The government provides free education, free health facilities, and free skill so that they can
be empowered and can come at par with the white community.

• They have to compete with the white community on an equal level playing field.

• Substantive equality-

• In India, we belied that these communities have been deprived of their rights for many years.

• So the government believed in the concept of Equity (Biased in favour of some

communities).

• So we opted for positive discrimination/ affirmative action. So India focused on outcomes

and not only on instruments or procedures.

• Direct inducements like free education are not sufficient so we are giving them substance as
well as procedure. We focused more on substance.

• Which is a better one?-

• In the USA, first economic democracy (Industrial revolution) emerged then social democracy,
and then political democracy so they can focus on procedural equality. So the USA can focus
on instruments. The conditions of the USA are different from India.

• In India, the Industrial revolution does not happen thus we have to focus on the substance as
well as the procedure. India also focused on output and outcomes

• Discrimination v/s Affirmative action

• Discrimination- It means to make an adverse distinction. It also means distinguishing

unfavourably from others.

• Affirmative action is positive discrimination.

• Discrimination for positive purposes or for constructive purposes- Positive discrimination

Comparative analysis between India and USA regarding the right to equality (05:29 PM)

USA INDIA

Our constitution makers have included

The right to equality is derived from the Bill of rights
Fundamental Rights

In the USA, this right to equality was included as part of the 14th
FRs are included in part III of our consti
Amendment to their constitution in 1868

In India, the right to equality includes b

In the USA, the right to equality emphasizes more on equal protection
and equal protection of the law. It inclu
of laws. It is a positive concept.
concepts.

In India, the emphasis is on Civil, legal,

In the USA, the emphasis is more on civil and legal equality.
equalities.
 In India, apart from procedural equalit
In the USA, the focus is on procedural equality i.e. equality of
focused on substantive equality. It mea
opportunities. The objective is to make weaker sections equal to other
equality of opportunities and focus mo
sections by providing them with free education, health, and so on. So
It also prevents discrimination (negativ
that there will be equality of opportunities.
untouchability.

• Our constitutional forefathers thought that we must end discrimination and the same time
we must promote the interest and welfare of the socially and educationally backward
classes. We must empower them. This is the concept of EQUITY.

ARTICLE 15 OF THE INDIAN CONSTITUTION CONTINUED... (05: 43 PM)

• Why untouchability came into existence?

• In ancient times, there was no caste system (Harappan era). With the development, of Iron, a
sedentary lifestyle started, and they started cultivating the land.

• After that, they moved towards a hierarchical society- Landless and landlordism.

• After that, they moved towards the monarchy. then the caste system came into existence.

• Society was backward and people were unknown of the natural phenomenon then,
Brahmins became the medium through which they can connect with god.

• Later Janpadas and Mahajanpadas evolved with better societal life. The people living in
forests wanted to integrate with the Mahajanpadas.

• The outsiders were integrated but they have to stay outside the city limits.

• The people living outside the city limits were called Untouchables.

• After this in independent India, reservation provisions were enacted to do justice to the
historical wrongs.

• What was supposed to be for 10 years (Dr B R Ambedkar), became a political tool/
instrument for the politicians.

• The concept of reservation has become a political tool rather than a tool to do social justice.

• There are 4 exceptions to Article 15 i.e. to non-discrimination

• 1) The state is permitted to make special provisions for women and children. For Example-
Reservations for women in Local self-governments, the Right to Education- children are given
Free and compulsory education between 6-14 years and a Mid-day meal scheme.

• [* Why reservations have failed ?- Political democracy is meaningless without social and
economic democracy that is why reservation has failed to bring empowerment].

• 2) The State is also permitted to make any special provisions for the advancement of any
socially and educationally backward sections of society or for SCs and STs. Examples-
Reservations, Providing free education, and other subsidies to these sections of this society.

• 3) The State is also empowered to make special provisions for the advancement of socially
and educationally backward sections and also for SCs and STs in admission into academic
institutions including private educational institutions whether they are aided or unaided by
the state, except for minority educational institutions.
 • 4) The state is also empowered to make special provisions for the advancement of any
economically weaker sections of society (103rd Constitutional amendment 2019). The state
is also allowed to make a provision for the reservation of up to 10% of seats for economically
weaker sections in admission into educational institutions including private educational
institutions except for minority educational institutions.

• Note:- Economically weaker sections would be notified by the state from time to time on the
basis of their family income and other indicators

• Note:- 93rd Constitutional Amendment Act has provided 27% reservations to OBCs in all
central higher education institutions including IITs and IIMs. This was passed in 2005. SC in
2008, directed the central government to exclude the Creamy layer among the OBCs while
implementing these reservations.

ARTICLE 16 OF INDIAN CONSTITUTION - EQUALITY OF OPPORTUNITY IN PUBLIC EMPLOYMENT

(06:19 PM)

• Article 16 provides for equality of opportunities for all citizens in matters of employment or
appointment to any office under the state. No citizen can be discriminated against for any
employment or office under the state only on the grounds of Religion, Race, Caste, Sex,
Descent, Place of birth, or Residence.

• There are 4 exceptions to Article 16

• 1) Parliament can prescribe Residence as a condition for certain employment or

appointment in a state or Union territory, or, Local authority, or any other authority. At
present, this provision is applicable only to the states of Andhra Pradesh and Telangana
under Article 371 D.

• [* Why State assembly is not given power?- The idea of India will vanish. The idea of the
fraternity will vanish. There will be more identities. The unity and integrity of the nation will
be threatened.]

• 2) The state can provide for reservations or appointments in favour of any backward class i.e.
not adequately represented in the state services.

• 3) A law can also provide that the incumbent of an office related to religious or
denominational institutions or a member of its governing body should belong to that
particular religion or denomination.

• [* The state can come out with a law and state that the temple trust or other religious
institutions can say that the priest and members should belong to a particular caste, religion,
community, etc]

• 4) The state is permitted to make a provision for the reservations up to 10% of appointments
or posts in favour of any economically weaker sections of citizens. This reservation can be up
to 10% in addition to existing reservations.

RESERVATIONS (06:57 PM)

• In 1979, Janta party Government appointed a commission under the chairmanship of Justice
V P Mandal under article 340 to investigate the conditions of socially and educationally
backward classes and suggest measures for their advancement.
 • It has been identified that they constitute 52% of the overall population excluding SCs and
STs. It has recommended 27% of reservations to these sections so that overall reservations
do not exceed 50%.

• In 1990, the National Front government led by V P Singh declared reservations of 27% in
government jobs to OBCs.

• In 1991, the congress government introduced two changes

• a) Preference will be given to the poorest sections among OBCs in the 27% quota

• b) Another 10% of reservations would be given to other economically backward sections that
are not covered by the existing scheme of reservations.

• SC came out with a famous Judgment in the Mandal case wherein it ruled that the creamy
layer (Advanced sections) should be excluded among the OBCs from the list of beneficiaries.

• It has also ruled that no reservations can be given in promotions.

• The total reserved quota should not exceed 50% except in extraordinary circumstances. It
has struck down EWS reservations.

• In 2019, the 103rd constitutional amendment Act provided reservations for economically
weaker sections among forward castes. The SC has upheld these reservations with a 3:2
majority verdict.

• Can reservations be solutions to the problems of increasing poverty and unemployment?

• In 1991, India opted for Liberalization, Privatization, and Globalization, the tole of state has
changed drastically in the age of globalization. At the same time, the country also witnessed
competitive populism in elections. India has first past the post electoral system.

• It gives opportunities for political parties to create vote banks through Identity politics i.e.
they can easily command the loyalty of different sections of society by promising them
benefits in the form of reservations

• Question:- Analyze the distinguishing features of the notion of equality in the constitutions
of the USA and India. (250 words/ 15 marks).

The Topic for the next class:- Articles 16, 17, and 18 of the Indian constitution.

Summary

Polity Class 12

RESERVATION- (5:01 PM)

• EWS reservations -

• Supreme court was asked to look into various constitutional issues.

• Do they violate article 16, where reservations can be provided only on the basis of social and
educational backwardness and also for SC, ST & OBCs?
• Do these EWS reservations go against the Supreme court's own judgment in a Mandal
case wherein the Supreme court has ruled that reservations cannot exceed 50%?

• Since these reservations exclude SC/ST & OBCs does it not violate the basic structure of our
constitution (equality before the law)?

• Supreme court in a 3-2 judgment ruled the following:

• 1. It has ruled that the 50% limit imposed by the Supreme court in a Mandal commission is
not sacrosanct i.e it is not fixed and it can be changed.

• 2. Supreme court has ruled that Parliament has the sovereign power to decide reservations.

• 3. Supreme court also ruled that reservations can be given on any criteria decided by the
Parliament including economic backwardness.

• 4. Through a majority verdict it also ruled that this reservation does not violate article 14 of
our constitution because other groups are already covered under different categories like
SC/ST/OBCs.

• Reservations based on local domicile-

• With the advent of LPG reforms, the country has seen widening disparities in growth and
development.

• It led to the creation of islands of prosperity in an oven of poverty.

• It means that very few States are developed compared to the rest of the country.

• It resulted in the migration of people from backward regions to developed States.

• This migration led to conflicts between locals and outsiders.

• Some State governments had come out with legislation to protect the interest of their
residents by providing reservations for locals in public sector enterprises and also in the
private sector.

• But it must be remembered that under Article 16 of our constitution, only the Parliament is
authorized to make legislation regarding the same.

• At present Articles, 371 D and E provide reservations for locals in the States of Andhra
Pradesh and Telangana respectively.

• The demand for reservations for locals in the private sector also has increased in recent
times due to the jobless growth, the country is witnessing in the recent past.

• Globalization and liberalization demand complete freedom to be given to the private sector
without any restrictions.

• If these limitations are imposed on the functioning of the private sector it can make the
process fail.

• The USA being a capitalist country recognise this fact and opted for procedural equality.

• India cannot afford to put restrictions on the functioning of the private sector as the rapid
economic growth and development of the country directly depend on our ability to attract
investment.
 • What should be done-

• The focus should be on improving both physical and social infrastructure.

• Both the central and the State governments must invest at least 6% of their GDP in health
and education.

• It can help in transforming our demographic bulge into a demographic dividend.

• At the same time, sufficient investment should be made in a physical infrastructure also so
that the private sector can also invest in industrialization.

• It can help in generating employment and also in moving towards job-led growth.

ARTICLE 17 (ABOLITION OF UNTOUCHABILITY)- (5:51 PM)

• Article 17 abolishes untouchability and forbids its practice in any form.

• The enforcement of any disability arising out of untouchability shall be an offense

punishable in accordance with the law.

• But our constitution has not defined the term untouchability nor any other legislation
passed by the Parliament.

• It was the Mysore High court that tried to define untouchability as a practice as it had
developed historically in the country.

• It refers to the social disabilities imposed on certain classes of people by reasons of their
birth in a certain caste.

• Article-18 (Abolition of titles)-

• During British rule, Britishers deliberately created differences among citizens of the country
by conferring special privileges on certain sections of society.

• Similarly, the dominance of the princely State also meant that some of these titles had
become hereditary in nature.

• Our constitutional makers felt that these titles go against the concept of equality before the
law.

• It clearly mentions that the State should not confer any special privileges on any class of
citizen.

• Article 18 abolishes titles and has four provisions in this regard.

• 1. It prohibits the State from conferring any title (except military or academic distinctions) on
anybody whether a citizen or a foreigner.

• 2. It prohibits a citizen of India from accepting any title from any foreign State.

• 3. A foreigner holding any office of profit or trust under the State cannot accept any title
from any foreign State without the consent of the President.

• 4. Similalry no citizen or a foreigner holding any office of profit or trust is to accept any
present or emolument or office from any foreign State without the consent of the President.

• The government has banned colonial titles like Maharaja, Rai bahadur, Diwan, etc.
 • In 1996 Supreme court ruled that the national awards given by the government including
Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padam Shri are not titles within the
meaning of Article 18.

• They do not violate equality under Article 18.

• Supreme court also ruled that these titles cannot be used as prefixes or suffixes by
awardees.

• If they use it then they would forfeit these awards.

• These national awards were instituted in 1954, Janta party government 1977 discontinued
these awards but they were revived again by the Congress government in 1980.

ARTICLE 19- RIGHT TO FREEDOM OF SPEECH AND EXPRESSION- (6:30 PM)

• It guarantees 6 different types of freedoms to all citizens.

• 1. Right to freedom of speech and expression.

• 2. Right to assemble peacefully without arms.

• 3. Right to form associations and Unions or cooperative societies.

• 4. Right to move freely throughout the territory of India.

• 5. Right to reside and settle in any part of the territory of India.

• 6. Right to practice any profession or to carry on any occupation, trade, or business.

• In the original constitution, article 19 contains seven rights.

• 7. Right to acquire, hold and dispose of the property but it was deleted by the 44th CAA in
1978 and it was converted into an ordinary legal right.

FREEDOM OF SPEECH AND EXPRESSION- 7:23 PM

• It implies that every citizen has a right to express his opinions, views, thoughts, beliefs, and
opinions freely by word of mouth, writing, printing, picturing, or any other manner.

• Supreme court has held that freedom of speech and expression includes the following:

• -Right to propagate one's views and the views of others.

• -Freedom of the press.

• -Freedom of commercial advertisements.

• -Right against tapping of a telephone conversation.

• -Right to telecast (the government has no monopoly over electronic media).

• -Right against bandh called by a political party or any organization.

• -Right-to-know activities of the government (RTI).

• -Freedom of silence.

• -Right against the imposition of pre-censorship on a newspaper.

• -Right to demonstration or picketing but not right to strike.

• The State can impose reasonable restrictions on the grounds of sovereignty and integrity of
India, security of the State, friendly relations with foreign States, public order, decency or
morality, contempt of court, defamation, and incitement to an offense.

• Issues related to the right to freedom of speech and expression-

• Sedition- sedition laws had their origin during colonial, section 124 A of IPC deals with the
law.

• Sedition is defined as an act that brings or attempts to bring into hatred or contempt or
excites or attempts to excite, disaffection towards the government established by law in India
by words, either spoken or written or signs or by visible representation or otherwise.

• A person is liable to be punished with imprisonment for life or up to 3 years with a fine.

• During the freedom movement, most of the freedom fighters were imprisoned under this
draconian legislation.

• The constituent assembly discussed the continuation of sedition law and felt that they
should not be there in a democratic polity.

• But they were allowed to continue as it was felt that decisions should be taken by future
generations taking into consideration issues related to the safety and security of the nation.

• In 1962 Supreme court in Kedarnath Singh vs. State of Bihar upheld the validity of the
sedition law.

• The court significantly reduced the scope of sedition law only to those cases where there is
an incitement to imminent violence towards the overthrow of the State.

• Supreme court also held that it was not merely against the government of the day but the
institutions as symbols of the State.

• In other judgments, the Supreme court ruled that the sedition act can be applied only when
there is a disruption to public order, an attempt to violently overthrow a lawful government.

• Threatening the security of the State or public.

• In recent times there are many cases of sedition filed against political opponents by the
government at central and the State levels, raising questions about the misuse of sedition
laws.

• Arguments in favor of continuation of section 124 A.

• It is part of reasonable restrictions and under article 19 (2) of the constitution.

• When there is a threat to the unity and integrity of the nation from Naxalites, terrorists, and
other anti-national elements sedition laws can protect the country.

• Supreme court has already imposed restrictions on the use of sedition laws.

• Misuse of particular legislation cannot be a ground for its repeal.

• Misuse can be prevented by imposing more restrictions rather than deleting the entire
legislation.
The topic for the next class- Continuation of the topic 'Article 19'

Summary

Polity Class 13

Introduction and a brief overview of Article 19 (05:00 PM)

SEDITION LAWS (05: 11 PM)

• Background

• Britishers used the Carrot and Stick policy to curb the national movement, thus they enacted
constitutional reforms.

• Section 124 A of IPC was brought to curb the national movement.

• Sedition- Whoever, by words, either spoken or written, or by signs, or by visible

representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites
or attempts to excite disaffection towards.

• It may attract imprisonment for up to life also. No judicial remedy was available.

• Post-independence, there was a debate on sedition laws. It was left to the future generation
to decide on the sedition laws.

• Why SC felt the need for sedition laws?

• NE insurgency and the secessionist tendency were still there.

• In the name of language, Race, and Ethnicity, there will always be some division in society.

• Government V/s State/ Country

• One has the right to criticize the government. Dissent is an important feature of democracy.
The opposition has the right to criticize the government. Dissent is the safety valve of
democracy- Justice Chandrachud

• But over time, the difference between the government and the country. Aggressive
nationalism has become part of politics. Anyone criticizing the government is booked under
sedition charges.

• Sedition is non-bailalble offense. No democracy has sedition laws in its law.

ARGUMENTS AGAINST SEDITION LAWS (05:27 PM)

• The essence of democracy is dissent, Citizens have the right to criticize their government.
Mere criticism of the government can not be considered as an act of sedition. It can come in
the way of the effective functioning of democracy and can easily convert the state into a
dictator.

• The essence of our entire constitution is about protecting the rights and freedoms of people.
There can be scope for misuse of sedition laws as governments try to penalize citizens for
expressing their opinions. It can also adversely impact the freedom of the press.
 • Most of the democratic countries in the world have already removed this draconian law from
their rulebook.

• Recently, SC had come out with an interim judgment regarding the implementation of
sedition laws. It has directed both central and state governments not to use section 124 A till
SC comes out with a Final judgment.

DEFAMATION (05:39 PM)

• Criticism of the recent case (Defamation case of sitting MP)

• a) The words were part of speech and not in written format.

• b) It was not harming the reputation of the community.

• c) The persons named in the speech did not approach the court. So the principle of locus
standi was not followed.

• The discrepancy in recent judgments

• Section 8(3 ) of the RPA mentions that, when a person is convicted of a crime for 2 years or
more than 2 years, then he shall be disqualified.

• [* Shall be disqualified means- There should be some authority to disqualify him]

• Article 103 mentions that the president will take the decision on the disqualification with the
recommendation of ECI.

• But the decision of disqualification was given by the Lok Sabha secretariat.

• Also, when the member is disqualified, then the vacancy should be filled within six months.

• What would happen if the Higher court stays the conviction?.

Defamation concept (06:20 PM)

• Section 499 of the IPC criminalizes any expression, either through speech or any visible
representation, intended to harm the reputation of any person. It is worded vaguely and
ambiguously, it also criminalizes defaming a deceased person, intending it to be hurtful to
the feelings of their family.

• The law completely fails to clarify what harm to a person's reputation means.

• Its explanation of harm is lowering the moral or intellectual character of a person in the
estimation of others.

• This law was enacted in 1860 essentially to protect colonial interests.

• A similar law was passed for the UK at the same time but there are significant differences
between the Indian and English laws.

• In English laws, defamation is a crime only when it is in written form. Secondly, defamation
cases can be filed only when it results in a breach of peace under English law.

• Indian law is more stringent. Cases can be filed through speech or any other form even
though it does not result in any "breach of peace".
 • Defamation law was challenged in SC by Subramanian Swamy for it being excessive and an
arbitrary restriction on free speech. It was also challenged for being loosely worded and thus
hit by the principle of "void for vagueness".

• SC has upheld the constitutional validity of Defamation law. SC has argued that the Right to
reputation is an inherent part of the right to life and personal liberty under Article 21 of the
Indian constitution.

• It has also been argued that freedom of speech does not mean the freedom to damage the
reputation of other persons. But SC has failed to look into the consequences. It had failed to
estimate the consequences of criminalizing defamation. It has been said that the law should
not be misused for personal revenge.

• In most cases, the conviction of the accused is not the objective of filing cases. In India, the
process of prosecution is itself the punishment, as rightly noted by SC. In recent times this
law has been mostly misused in sexual harassment cases (#metoomovement) and also to
counter criticism of political opponents.

What should be done?/ way forward (06:44 PM)

• It should be made only a civil offence.

• Defamation cases should be filed only when something is in written form.

• Only when it causes harm to public order, peace, safety, and security, can it become a
criminal offence?

HATE SPEECH (06:58 PM)

• Hate speech is defined by the law commission as incitement to hatred primarily against a
group of persons defined in terms of Race, Ethnicity, Gender, Sexual orientation, Religious
belief, and the like.

• Hate speech is a word written or spoken, signs, or visible representations, with the intention
to cause fear or alarm or incitement to violence.

• Recently, section 66A of the IT Act had become controversial because of its provisions. Under
this Act, messages which are offensive and menacing in character can attract fines and up to
3 years of imprisonment but the terms offensive and menacing are not defined by the Act.

• It was misused by the government to restrict free speech and also to take revenge against
their political opponents.

• SC has struck down section 66A of the IT Act as unconstitutional and also has declared that it
is a draconian provision. The court also said that liberty of thought and expression is an
important value under the constitution.

• It also said that discussion or advocacy of a particular cause, no matter how unpopular it may
be, is at the heart of the right of freedom of speech and expression.

• Solution (07:20 PM)

• The law should clearly define exactly the meaning of terms in a clear-cut manner so that
there can not be any scope for its misuse and abuse.
 • Hate speech v/s defamation

• Comments which led to incitement to violence, and it is causing enmity between the two
communities.

• Defamation- It is related to personal comments.

OTHER PARTS OF THE ARTICLE 19 (1)(b)- RIGHT TO ASSEMBLE PEACEFULLY WITHOUT ARMS (07:25
PM)

• Every person has the right to assemble peacefully and without arms.

• This freedom can be exercised only on public land. This provision does not apply when it
becomes violent.

• It does not include the Right to strike also.

• Under section 144, of CrPC, a magistrate can restrain an assembly if there is a danger to
human life, health, and safety.

• Similarly, under section 141 of CrPC, an assembly of 5 or more persons is also prohibited if it
is against law.

• Right to srike V/s Right to protest

• Right to strike- Boycott the work, not participating in work.

• Right to protest- challenging the authority in recess time but going to work at the scheduled
time.

• [* Case study of Japan- workers work for extra time and then they protest after working
sufficiently].

RIGHT TO FORM ASSOCIATION/ COOPERATIVES/ UNION (07:33 PM)

• All citizens have the right to form associations including political parties, companies,
societies, clubs, trade unions, and so on.

• 97th Constitutional amendment Act has included the right to form cooperative societies as
part of the right to form associations.

• Reasonable restrictions can be imposed by the state on the grounds of sovereignty and
integrity of India, Public order, and Morality.

• SC ruled that trade unions do not have the Right to Strike and it can be controlled by
appropriate industrial law.

RIGHT TO MOVE FREELY THROUGHOUT THE TERRITORY OF INDIA (07:38 PM)

• It is guaranteed to promote unity and integrity and also to create feelings of nationalism and
patriotism. But reasonable restrictions can be imposed

• Reasonable restrictions-

• 1) The interest of the general public

• 2) The interest of any scheduled tribe to protect their distinct culture, language, custom, and
traditions
 • SC also ruled that it can also be restricted on the grounds of Public health, and in the interest
of public morals, especially in the case of the movement of prostitutes.

• Article 19 guarantees the right to freedom of movement within the country.

FREEDOM OF RESIDENCE (07:44 PM)

• Every citizen has the right to reside and settle in any part of the territory of India.

• It has two components

• a) One is the right to reside in any part of the country on a temporary basis.

• b) Permanently also.

• The state can impose reasonable restrictions- Interest of the general public and protection of
the interest of the scheduled tribe

FREEDOM OF PROFESSION (07:48 PM)

• All citizens are given the right to practice any profession or to carry on any occupation, trade,
or business.

• The state can impose reasonable restrictions-

• It can prescribe professional or technical qualifications for practising any profession.

• The state can carry on itself by any trade, business, or industry to the exclusion of citizens or
otherwise.

ARTICLE 20 OF THE INDIAN CONSTITUTION (07:52 PM)

• It guarantees protection in respect of conviction for offences.

• This Article contains three important provisions.

• a) No ex-post facto law-

• It means no person shall be convicted of any offence except for violation of a law enforced at
the time of the commission of the Act.

• Nor can a person be subjected to a penalty greater than i.e. prescribed by the law.

• Question:- Define defamation and critically analyze its impact on free speech and also come
out with recommendations to prevent its misuse. (250 words/ 15 marks)

The topic for the next class:- Article 20 of the Indian constitution.

Summary

Polity Class 14

A brief overview of the previous class (05:00 PM)

ARTICLE 20 OF THE INDIAN CONSTITUTION (05:03 PM)

 • b) No person shall be prosecuted and punished for the same offence more than once. It is
known as "No double jeopardy".

• c) No person accused of any offence shall be compelled to be a witness against himself. It

means "No self-incrimination".

• It means that nobody can force one to give evidence against oneself.

• But there are limitations that are imposed

• The first provisions (No ex post facto law) are applicable only in the case of criminal laws but
not to civil laws or tax laws i.e. the government can have retrospective tax legislation.

• [* A law should come into effect after it is passed. Retrospective taxation is against the
principle of natural justice]

• SC had come out with a judgment in the Vodafone tax dispute with the Government of India.
In order to overcome the SC judgment, Parliament has passed retrospective tax legislation. It
led to conflict between Vodafone and GoI. It has also adversely impacted FDI coming into
India.

• Finally, the GoI had reached an agreement with Vodafone wherein the government would
return the tax paid by Vodafone and Vodafone would withdraw the case.

• As part of improving the ease of doing business, the government has removed retrospective
tax legislation from our tax laws.

ARTICLE 21 OF THE INDIAN CONSTITUTION (05:30 PM)

• Article 21- Protection of life and personal liberty.

• Article 21 declares that no person shall be deprived of his life or personal liberty except
according to the procedure established by law.

• This right is available to both citizens as well as non-citizens/ aliens.

The political history of Article 21 (05: 33 PM)

• Our constitutional forefathers were committed to FRs of citizens. FRs protected citizens from
arbitrary actions of the state.

• In a society, there will always be a conflict between Individual self-interest v/s societal
welfare.

• Individual self-interest is reflected in FRs. Western liberal philosophy is more inclined toward
the self-interest of the individual.

• So we included the Right to property in FR, as we were guided by Individual self-interest.

• When there is a conflict between Individual self-interest v/s societal welfare, We need to
give importance to Societal welfare.

• [* Why?- In society, Human beings are always interdependent. We need to sacrifice some of
our self-interests for the welfare of society. ]

• If the conflict is between DPSP and FR, then-

• The government has said that we must give importance to DPSP as well.

• Our constitution gave importance to FR.

• This conflict immediately started after independence, as Government wanted to bring land
reforms.

• Acharya Binoba Bhave started the Bhoodan movement, but it was not successful. So the
government came out with the land ceiling Act. It was struck down by SC as the Right to
property was a Fundamental right.

• The government added the IXth schedule to our constitution. Any legislation which is part of
the IXth schedule can not be scrutinized by Judicray for its constitutionality.

• At that time, Judiciary remained passive. [* Why?- Our judiciary at the time said that the
government is enforcing its socialist agenda]

• All the leaders at that time were part of the Indian national movement and they already
sacrificed too much so the judiciary did not interfere in the socialist agenda.

• This is the time, the Procedure established by law was enforced.

• The procedure established by law (05:57 PM)

• It is a British feature. In the UK, the parliament is sovereign, and it has an unwritten
constitution.

• It means the judiciary will not interfere in the functioning of the legislature and it will only
check whether the executive is implementing the law as per the procedure.

• The judiciary will only look into whether the procedure was followed or not. They will not
look into the content and intent of the law.

• In India, the constitution is supreme.

• When parliament came out with the IXth schedule, it was against the FR.

• But SC in the A K Gopalan case, mentioned the procedure established by law and followed
the British method.

• By the early 1960s, the Indian economy was facing a severe crisis. This is the time Professor
Robert Malthus gave his population theory.

• Food production grows in Arithmetic progression whereas population grows in Geometric

progression. In time, the country will not be able to feed its population and the country will
collapse.

• The same thing happened in India, the population was growing and food grain production
was not increasing.

• India got free food grain from the USA, under the PL-480 scheme. It was called "Ship to
Mouth condition"

• The economic model was not a success, In this scenario, Judiciary came to the rescue.
 • In the famous Golaknath case of 1967, SC changed its previous stance (doctrine of
prospective overruling) by stating that in case of conflict between FRs and DPSP in the
future, fundamental rights will be given importance.

• Indira Gandhi's government came out with Privy Purses Abolition. This ordinance was
challenged in SC and it was struck down by SC.

• Indira Gandhi's government decided to do Nationalization of banks, and again it was struck
down by SC.

• In 1971, elections were held, and Gareebi hatao was the theme.

• 24th Constitutional Amendment was passed- the heading of Article 368 was changed from
Procedure to amend the constitution to power to amend the constitution.

• This Constitutional amendment Act can not be called a LAW under Article 13 of the Indian
constitution.

• SC reacted in the Keshavanand Bharti case, 1973, by stating that parliament can amend any
part of the constitution including FRs. It also stated that parliament can not amend the Basic
structure of the constitution. The basic structure will be defined in a case-by-case basis by
SC.

• SC in the Maenka Gandhi case, came out with Due process of Law.

ARTICLE 21- A BRIEF HISTORY (06:43 PM)

• Immediately after the commencement of the constitution, the country witnessed conflict
between the FRs and DPSPs. While FRs focussed on individuals, and the political and civil
freedoms of people, DPSPs emphasized on collective economic and cultural freedoms of
society.

• Parliament had come out with the 1st Amendment to the constitution that restricted the
scope of Article 13 by adding the IXth schedule to the constitution.

• SC in the famous A K Gopalan case, 1950 has defined Article 21 in a narrow manner. It said
that protection against the state under Article 21 is available only in case of arbitrary
executive action and not from arbitrary legislative action.

• SC has ruled that it was strictly following British legal practices wherein parliament has the
sovereign power to make any legislation. The role of the judiciary is restricted to only to
procedure established by law i.e. it means the judiciary will look into only whether the
executive has implemented the law according to the procedure mentioned. Judiciary would
not go into either the content of legislation or the intent behind the legislation.

• Situation post-Keshavanand Bharti case

• Maenka Gandhi's passport was confiscated. The government argued that if the person would
be travelling abroad and causing harm to the interest of the country then the passport can
be confiscated. It was an arbitrary action by the state.

• SC, in Maenka Gandhi's case, SC came out with Due process of law. It was a feature of the
American system earlier. SC stated that it will not only look at the procedure but also will
look at the Intention behind the law. It opened the floodgates of judicial activism.
 • It also expanded the scope of Article 21- It said every person has the right to have
a DIGNIFIED life.

• SC in Maenka Gandhi v/s UOI case 1978 has ruled that the Right to life and personal liberty
also includes the right to have Dignified Existence. It has expanded the scope of Article 21 by
introducing the concept of Due process of law i.e. Judiciary would not restrict itself to
procedure established by law but also look into the content and the intent behind the
implementation.

• The judiciary can question arbitrary legislative action also as part of due process of law.

• From 1978 onwards, SC expanded the scope of Article 21 to include the Right to health,
Right to livelihood, Right against inhuman treatment, Right to travel abroad, Right against
bonded labour, Right to education, Right to sleep, Right to marriage, Right to information,
Right to sustainable development, Right to Free legal aid, Right of women to be treated with
decency and dignity, Right to forget, and Right to privacy, and so on.

ARTICLE 22 OF THE INDIAN CONSTITUTION (07:18 PM)

• Protection against Arrest and Detention.

• Article 22 grants protection to persons who are arrested or detained. There are two different
types of detention

• a) Punitive detention

• b) Preventive detention

• Punitive detention is to punish a person for an offence committed by him after trial and
conviction in a court.

• Preventive detention means the detention of a person without trial and conviction by a
court. Its objective is to prevent a person from committing an offence in the near future. It is
only a precautionary measure and is based on suspicion.

• Punitive detention (07:29 PM)

• When a person is arrested under ordinary laws, Article 22 grants certain rights

• a) Right to be informed on the grounds of arrest.

• b) Right to consult and be defended by a lawyer.

• c) Right to be produced before a magistrate within 24 hours, excluding travel time.

• d) Right to be released after 24 hours unless the magistrate extends the period of detention.

• These safeguards are not available to an enemy alien or a person arrested under preventive
detention law.

• SC also ruled that the safeguards are not available in other situations like being arrested due
to failure to pay income tax, being arrested under the orders of a court, and in case of
deportation of an alien.

• Preventive detention

• It is available both to citizens and aliens.

 • The detention of a person cannot exceed 3 months period unless an advisory board
consisting of judges of HC find sufficient reason for extending detention.

• The person must be informed about the reasons for his detention however, the facts which
are considered to be against the public interest need not be disclosed.

• The person should be given to make a representation against the detention order.

• How can government detain one?- On a mere suspicion that one may cause harm to the
security of the nation, the threat to public order.

• Parliament has the power to make legislation on preventive detention connected with the
Defense, Foreign affairs, and security of India.

• Both Parliament, as well as the state legislative assembly, can concurrently make a law on
preventive detention for reasons connected with the security of the state, Maintenance of
Public order, and maintenance of supplies & essential services.

• Since Independence, many preventive detention laws have been enacted by parliament
(07:46 PM)

• Maintenance of Internal Security Act(MISA)

• NSA 1980- National security Act.

• Prevention of Black marketing and maintenance of supplies of essential commodities Act

1980. It is still in operation

• UAPA, unlawful activities prevention Act 1967, amended in 2004, 2008, 2012, and 2019.

• No democratic country in the world has preventive detention as part of its constitution. USA
and UK have removed them.

• The UK had preventive detention during the world wars but later it was removed. The USA
never had preventive detention.

• Question:- Discuss important SC judgments related to Article 21 and also analyze their
impact on the scope of article 21. (10 marks/ 150 words)

The Topic for the next class:- Article 23 of the Indian constitution.

Summary

Polity Class 15

A brief overview of the previous class and Q&A session (05:02 PM)

RIGHT TO DIE, SUICIDE, EUTHANASIA, & CAPITAL PUNISHMENT (05:11 PM)

• Suicide

• SC has ruled that there is no right to suicide or death but at the same time SC has
decriminalized the attempt to suicide on humanitarian grounds.

Capital Punishment
 • Arguments in favor of capital punishment

• Human rights and FRs are for only those sections of society that behave in a humane
manner. Those who commit heinous crimes can not demand human rights.

• If there is a conflict between FRs and the safety and security of the nation, the latter should
be given more importance because people can enjoy their FRs only when the nation is safe
and secure.

• Capital punishment can also act as a deterrent, preventing people from committing heinous
crimes.

• If terrorists are kept in jail, there can be attempts in the future to get them Released from jail
by hijacking planes or other activities. It can endanger the security of the nation.

• If they are not given strict punishment, the country can become a soft state in the eyes of
the rest of the world. It can give a major boost to terror activities.

• Capital punishment is awarded only after following due process of law. The convicted
persons are given many opportunities to prove their innocence. It is awarded only in
the rarest of rare cases. There are very less chances of it being misused in a democratic
country like India.

• There are many safeguards and inherent checks and balances to prevent its misuse.

• Arguments against Capital Punishment (05:52 PM)

• There is no empirical data to suggest that it has acted as a deterrent.

• From an ethical perspective, it is only God who has given birth, only he can take away life.

• The purpose of the punishment should be to reform the person than to punish him. As
Mahatma Gandhi puts it "Punish the crime and reform the criminal".

• As admitted by SC, the doctrine of "rarest of the rare" was not applied at least in 13 cases
while awarding capital punishment i.e. it has been misused.

• UN Declaration on Human Rights also demanded ending capital Punishment.

• Contemporary news

• Recently, there is controversy regarding the mode of capital punishment, death by hanging. It
is felt that this mode is Brutal and inhuman.

• Way forward

• In a country like India, which faces drastic challenges related to national security, terrorism,
and secessionism, capital punishment is necessary. The country must show a strong will to
fight terrorism with an Iron hand.

• They must be given severe punishment but the mode of capital punishment can be changed.

Euthanasia/ Mercy Killing (06:01 PM)

• In the Aruna Shaunbag case, SC permitted passive euthanasia and not Active Euthanasia.
 • [* Active euthanasia means ending the life of a person by giving him injections, Drugs, and so
on. Passive euthanasia means taking out the life support systems.]

• Sc ruled that the right to die with dignity is part of FRs. It has also ruled that any individual
can make an advanced "living will" wherein he/she would authorize passive euthanasia
under special circumstances.

RIGHT TO EDUCATION- ARTICLE 21 A OF THE INDIAN CONSTITUTION (06:10 PM)

• Article 21 A was inserted in the constitution through the 86th Constitutional Amendment
Act, of 2002.

• As part of this article, the state shall provide free and compulsory education to all children of
age 6-14 years in such a manner as the state may, by law determine.

ARTICLE 23 OF THE INDIAN CONSTITUTION (06:13 PM)

• Prohibition of traffic in humans and forced labour.

• Traffic in human beings includes selling and buying of men, women, and children like goods.

• Immoral traffic in women and children including prostitution.

• Devadasi system [Some of the women are married to god. Most practised in South India. ]

• Slavery [* Beggar system- compulsory work without remuneration]. This is mostly found in
the Zamindari system in Rural areas.

• Article 23 provides an exception to forced labor.

• The state can impose compulsory service for public purposes. For example- Military service
or social service during the wars, and the state is not bound to pay.

ARTICLE 24 OF THE INDIAN CONSTITUTION (06:22 PM)

• Prohibition of employment of children in factories, etc

• It prohibits the employment of children below the age of 14 years in any factories, mine, or
other hazardous activities (which can cause danger) like construction work or any other
work.

• It does not prohibit the employment of children in harmless activities

ARTICLES 25-28 OF THE INDIAN CONSTITUTION- RIGHT TO FREEDOM OF RELIGION (06:26 PM)

• Under Article 25, all persons are equally entitled to freedom of conscience, and the right to
freely profess, practice and propagate religion.

Important aspects of Article 25 (06:53 PM)

• Freedom of conscience- It means that, the inner freedom of a person to mould his
relationship with god in whatever way he/she desires

• Right to profess- Declaration of one's religious beliefs and faith openly and freely.

• Right to practice- It means the performance of religious worship, rituals, and ceremonies and
the exhibition of beliefs and ideas
 • Right to propagate- It means transmission and dissemination of one's religious beliefs to
others but it does not include a right to convert another person to one's own religion
because it is against the freedom of conscience guaranteed to all persons alike.

• These rights are available to all persons i.e. Citizens and non-citizens.

• But these rights are not absolute, they are subjected to public order, Morality, and Health.

ARTICLE 26 OF THE INDIAN CONSTITUTION (07:10 PM)

• Freedom to manage religious affairs.

• Under this, every religion or any of its sections has the following rights.

• a) Right to establish and maintain institutions for religious and charitable purposes.

• b) Right to manage its own affairs in matters of religion.

• c) Right to own and acquire movable and immovable properties.

• d) Right to administer such property in accordance with the law.

• While Article 25 guarantees the rights of individuals, article 26 guarantees the rights of
religious denominations or their sections i.e. it protects collective freedoms of religion. It is
also subjected to public order, Morality, and Health.

ARTICLE 27 OF THE INDIAN CONSTITUTION (07:17 PM)

• No person shall be compelled to pay any taxes for the promotion or maintenance of any
particular religion or religious denominations but at the same time, taxes can be used for the
promotion and maintenance of all religions.

• It only prohibits the imposition of taxes and not "FEE". For example- Fees can be levied on
pilgrims to provide special services.

ARTICLE 28 OF THE INDIAN CONSTITUTION (07:19 PM)

• Freedom from attending religious instructions

• Under this article, No religious instruction shall be provided in any educational institutions
wholly maintained by out-of-state funds.

• This article distinguishes between 4 different types of educational institutions.

• a) Institutions wholly maintained by the state- Here, "No religious instruction is allowed"

• b) Institutions administered by the state but established under any endowment or trust-
"Religious instructions is allowed"

• c) Institutions recognized by the state

• d) Institutions receiving aid from the state

• In C and D, religious instruction is permitted on a voluntary basis.

ANALYSIS OF ARTICLES 25-28 (07:24 PM)

 • Article 25 is about the individual, whereas, Article 26 is about institutions, Charitable trusts,
and denominations (sections of religion- such as Shaivism, Bhagvatism, etc). For example-
ISCON which believes in Krishna as the supreme god, is allowed as an institution.

• The state should not interfere while managing these institutions by these religious
denominations and charitable trusts.

• Article 27- The state will not impose any tax. When a state imposes tax then it becomes a
religious state and it will cease to be a secular state. But the state can spend taxpayers'
money to promote all religions. The State can collect fees to improve infrastructure etc.

• [* Tax v/s Fee- Tax is a unidirectional payment from people to the state without any
conditions attached. Whereas, Fee is the money charged by the government to provide a
particular service. ]

• Article 28 is about Religious instruction.

• In Educational institutions wholly owned by the state, religious instructions are completely
prohibited. Recently, a controversy arose when MP allowed Surya Namaskar in the schools.

• Some schools provide Vedic teachings so here religious instructions are allowed.

CONTROVERSIES RELATED TO THE RIGHT TO FREEDOM OF RELIGION (07:42 PM)

• Issues:- Conversions, Anti-conversion laws, Religious practices discriminatory in nature-

Sabrimala issue, Hijab controversy in Karnataka.

Conversions

• It means, one is asked to change religious belief or faith.

• Two types- Voluntary and Forceful

• Voluntary conversions- changing religious belief on its own. It is allowed under Article 25,
Freedom of conscience. A person can choose their relationship with God.

• Forceful conversions- Conversion by Inducement. It occurs in backward regions of the

country. Our constitution does not allow Forceful conversion. It is prohibited under Article
25(1)

• When people convert to another religion- Will they enjoy reservations?

• Dalits/ SCs/ STs converted to Christians- will they get a reservation?

• Reservation to Muslim

• The government identified the backward regions and the reservation is given under the
backward classes category.

• When a person is getting converted to another religion, his/her social status changes.

• Caste hierarchy is present only in Hinduism and it is not there in Christianity and Islam.

• EWS reservation does not discriminate among religions

Anti-conversion laws (07:50 PM)

• State's argument- they passed this law under Article 25(1)

 • Whether they are legal or not will be decided by SC.

• At this point in time, the laws are in force.

Religious practices (07:51 PM)

• Every religion has complete freedom to practice traditions, customs, etc.

• Sabarimala issue

• Women were not allowed in this temple. Women approached the SC based on their Right to
equality.

• Temple trust argued that this is based on the doctrine of essentiality.

• SC came out with, the concept of Constitutional morality.

• SC stated that the Sabarimala issue is violative of Articles 14, & 15 of the Indian constitution.

• Shah Bano case

• If there is a conflict between the Religious practices and FRs then Fundamental rights will
prevail.

• Question:- Right of movement and residence throughout the territory of India are freely
available to Indian citizens, but these rights are not absolute. Comment (10 marks/ 150
words)

The Topic for the next class:- Articles 29 and 30 of the Indian constitution.

Summary

Polity Class 16

A brief overview of the previous class and Q&A session (05:00 PM)

CONSTITUTIONAL MORALITY (05:04 PM)

• Constitutional morality was used in the Sabrimala case and Section 377 case (SC
decriminalized homosexuality).

• Morality means the ability to differentiate between good and bad. Also, a tendency to incline
towards the good.

• When the conflict is between Individual freedom v/s societal welfare then SC stated that it
will give importance to higher morals i.e. constitutional morality. Whenever they need to
interpret the FR from a much higher and moral perspective then it would use Constitutional
Morality.

• There are two types of laws- Primary laws and secondary laws.

• Primary laws means which are universal values/ Natural laws. They will always be true

• Secondary laws can be tradition, and customs, culture, and even constitution. These are
framed by the people.
• When there is a conflict between the primary law and secondary laws, then primary laws will
be given importance.

• Dr. B R Ambedkar used the word constitutional morality for the first time.

• Dr. B R Ambedkar said "Constitutional morality is not a natural sentiment. It has to be

cultivated. We must realize that our people have yet to learn it. Democracy in India is only a
top-dressing on Indian soil which is essentially undemocratic."

• Problem with the term Constitutional morality

• Definition of constitutional morality is not defined.

• Constitutional morality can give more powers to Judiciary

• The term constitutional morality is mostly qualitative in nature. Ethics, Morals, and values
are subjective in nature.

• How can 5 judges can decide the issue based on Constitutional morality for 140 crore
people?

• Constitutional Morality definition (05:29 PM)

• Constitutional morality means strict adherence to the core principles of constitutional

democracy. According to Dr. B R Ambedkar, it means effective coordination between
conflicting interests of different sections of society. It also means ensuring administrative
coordination to resolve disputes without resorting to unwanted confrontation.

• It is regarded as of paramount significance from the constitution. It includes a pluralistic and

inclusive society. It also means strict adherence to the principles of the constitution.

• Analyzing and interpreting the articles of the constitution from the perspective of democratic
principles can be defined as constitutional morality.

• It can help the judiciary to resolve any ethical dilemmas while interpreting the constitution.

• According to SC, constitutional morality is not only limited to following constitutional

provisions literally but understanding them in their true spirit as envisaged by our
constitution makers.

• According to the SC, "When there is a violation of FRs, the term morality naturally implies
constitutional morality, and any view taken by the courts must be in conformity with the
principles and basic tenets of the concepts of constitutional morality"

• Criticism against Constitutional Morality (05:44 PM)

• The term constitutional morality is not clearly defined by our judiciary.

• It is highly subjective, Qualitative, and individualistic also.

• It can also be linked to conflicts with democratic and constitutional principles.

• It can be used by the judiciary to expand its powers and to enter into unknown territories.

• Traditions and customs and their validity can not be decided by a group of unelected
professionals and it can become anti-democratic also.
 • Our SC has used constitutional morality for the first time in the judgment related to section
377 of IPC (Homosexuality). In shah Bano's case also SC has used constitutional morality to
come out with a sensational judgment.

• More recently SC has used constitutional morality in the Sabarimala case wherein it ruled
that women should be allowed to worship the deity.

• Conclusion of constitutional morality

• Indian society is characterized by high levels of diversity and plurality. Traditions and customs
must be respected but at the same time, FRs should always be given more importance than
any traditions and customs.

• SC by using constitutional morality has definitely become the protector of FRs of citizens
which is the essence of our constitution.

• But we can not expect the judiciary to resolve mostly social, ethical, and political problems.
There should be a proper dialogue and discussion between different sections of society to
resolve these crises.

• SC has been forced to interfere in these matters due to the unwillingness of the legislature
and executive to solve these problems due to political reasons. Media, civil society
organizations, and other pressure groups must come together to find constructive solutions

ARTICLE 29 & 30- CULTURAL AND EDUCATIONAL RIGHTS (06:08 PM)

ARTICLE 29 OF THE INDIAN CONSTITUTION

• It provides that any section of the citizens residing in any part of India having a distinct
language, Script, or Culture of its own, shall have the right to conserve the same. No citizen
shall be denied admission into any educational institution maintained by the state or
receiving aid out-of-state funds on grounds only of religion, Race, Caste, or language.

• The first provision protects the rights of a group whereas the second provision guarantees
the rights of individuals. This article also grants protection to both religious and linguistic
minorities.

• SC has ruled this article is not restricted to only Minorities but it can also include majority
sections also because this Article uses the word "section of citizens" that includes the
majority as well as the minority.

• SC also has ruled that political parties can seek a vote in the name of protecting the language
and it does not come under corrupt practices under RPA 1951.

MINORITY (06:49 PM)

• The word minority is not defined in the constitution.

• SC has defined a Minority as one which is not the majority.

• SC defined minority in terms of population in that particular section which is less than 50% of
the overall population.

• The government reacted by amending the constitution i.e. 1st amendment to the
constitution by inserting Article 15(4)
 • SC also in the case related to reservations to backward caste had ruled that these
reservations were unconstitutional as they violated Article 29(2) of the constitution in the
Champakam Dorairajan case

ARTICLE 30 OF THE INDIAN CONSTITUTION (06:56 PM)

• Article 30- Rights of minorities to establish and administer educational institutions

• Article 30 grants the following rights to minorities whether religious or linguistic minorities.

• a) All minorities have the right to establish and administer educational institutions of their
choice

• b) The compensation amount fixed by the state for the compulsory acquisition of any
property of a minority educational institution shall not restrict or abrogate the right
guaranteed to them. This provision was added by the 44th Amendment to the constitution
to protect the right of minorities.

• c) The state shall not discriminate against any educational institution managed by a minority
while granting aid to them.

• But these rights are not absolute. Rights conferred on minorities are to protect the interest
of minorities but not to indulge in reverse discrimination i.e. they have to ensure equality
with the majority but to place minorities in a more advantageous position with the majority
community.

• The state can also make sure that general laws of the land relating to National interest,
national security, Social welfare, Public order, Morality, Health, Sanitation, and taxation are
equally applicable to minority institutions also.

• Minorities have the right to administer educational institutions but this right is not absolute.
It does not mean that they have the right to mal-administer.

• The state can fix education standards. It can also fix qualifications for the recruitment of
teachers and other employees.

• The state can also impose other conditions to maintain academic excellence

• Minority institutions do not require to provide reservations.

ARTICLE 32 OF THE INDIAN CONSTITUTION (07:21 PM)

• FRs enshrined in the constitution would become meaningless if there is no effective

mechanism to address the grievances of citizens if they are violated as rightly pointed out by
Dr. B R Ambedkar without Article 32, our constitution would be a nullity. It would become
meaningless.

• Article 32 is the soul of our constitution and is the very heart of it.

• SC has ruled that this right to approach SC for constitutional remedies is part of the basic
structure of the constitution i.e. It can not be taken away or abridged by a constitutional
amendment.

• SC judgment has the following features

• 1) The right to move SC by appropriate proceedings for the enforcement of FRs is guaranteed
 • 2) SC has the power to issue directions or orders or, Writs for the enforcement of any FRs

• 3) Parliament can empower any other court to issue directions, orders, and writs of all kinds.
Any other court does not include HCs as Article 226 has already conferred these powers on
HCs but this can be done without prejudice to the powers conferred on the SC.

• 4) The right to move SC shall not be suspended except as otherwise provided by the
constitution. The president can suspend the right to move any court during a national
emergency (Article 359).

TYPES OF WRITS (07:40 PM)

• A writ is an order or a command issued by Judiciary.

• There are 5 different types of Writs that our SC and HCs can issue to protect the FRs of the
citizens.

• HABEAS CORPUS

• Corpus means body. It is a Latin word that means "To have the body of ".

• It is an order issued by the court to a person who has detained another person. The writ of
Habeas corpus can be issued against both Public authorities as well as private individuals. It
will protect individual liberty against arbitrary detention by the state. The court can set the
person free if it finds that the detention is illegal.

• But,

• a) It can not be issued where the detention is lawful.

• b) The proceeding is for contempt of a legislature or a court.

• c) Detention is by a competent court

• d) Detention is outside the jurisdiction of the court.

• MANDAMUS (07:55 PM)

• Mandamus literally means "We command".

• It is a command issued by the court to a public official to perform the official duties that he
has failed or refused to perform.

• It can be issued against any Public body, a corporation, an inferior court, a tribunal, or a
Government for the same purpose.

• Question:- Constitutional morality is rooted in the constitution itself and is founded on

essential facets. Explain the doctrine of constitutional morality with the help of relevant
Judicial decisions. (10 marks/ 150 words)

The Topic for the next class:- Other Writs mentioned in Article 32 and the Rest of the Fundamental
rights.

Summary

Polity Class 17
A brief overview of the previous class (05:00 PM)

WRITS (05:05 PM)

• MANDAMUS

• The writ of mandamus can not be issued against a private individual or a body

• It can not be issued when the duty is discretionary and not mandatory.

• To enforce departmental instruction that does not possess statutory force.

• It can not be issued against the President of India or the state Governors.

• It can not be against the Chief Justice of the HC acting in his judicial capacity.

• To enforce a contractual obligation.

• PROHIBITION

• It means "To Forbid"

• It is issued by an HC to a lower court or to a tribunal to prevent the latter from exceeding its
jurisdiction that it does not possess. While Mandamus directs activities, Prohibition directs
inactivities.

• Prohibition can be issued only against Judicial and Quasi-Judicial bodies. [Judicial bodies- SC,
HC, Sessions court, etc; Semi-judicial bodies/Quasi-judicial bodies- Tribunals, They do not
have full judicial powers. They have the power of Civil court i.e. they can impose fines. ]

• It can not be issued against Administrative bodies, Legislative bodies, and Private individuals.

• CERTIORAI (05:20 PM)

• It means "To be Certified"

• It is issued by a higher court to a lower court or to a tribunal to either transfer a case pending
before the lower court to a higher court or to quash the order of a Lower court.

• It can be issued in case of excess jurisdiction or lack of jurisdiction or error of law.

• While Prohibition is preventive in nature, Certiorari is both preventive as well as curative.

• It can be issued only against Judicial and Quasi-judicial bodies and not against administrative
bodies, legislative bodies, and private individuals.

• QUO WARRANTO

• It means "By What Authority or Warrant"

• It is issued by the court to enquire into the legality of the claim of a person to a public office.

• This writ can be issued only in case of substantive public office of a permanent character
created by a statute or by a constitution.

• It can not be issued against Private offices or Ministerial offices.

ARTICLE 33 OF THE INDIAN CONSTITUTION (05:49 PM)

 • It empowers the parliament to restrict or to abrogate the FRs of the members of the armed
forces, Paramilitary forces, Police forces, Intelligence agencies, and other forces.

• It is conferred only on Parliament and not one state legislature. Any law made by the
parliament can not be questioned in any court.

ARTICLE 34 OF THE INDIAN CONSTITUTION (05:55 PM)

• It provides for the restrictions on FRs while Martial law is in operation in any area within the
territory of the country.

• It can not be challenged in any court on the grounds of violation of FRs.

• This concept of martial law is taken from the British Legal system. There is no specific
provision in the constitution that authorizes the executive to declare martial law. It is
imposed under extraordinary circumstances.

• Military authorities are given extraordinary powers under Martial law.

• Army can impose restrictions on the Rights of civilians when martial law is in operation.

• SC has ruled that the imposition of Martial law does not automatically result in the
suspension of Habeas Corpus.

MARTIAL LAW V/S EMERGENCY (06:04 PM)

• Martial law affects only FRs whereas national emergency affects not only FRs but also center-
state relations and the functioning of the parliament also.

• Martial law suspends Government and ordinary courts. Whereas, Government and ordinary
courts can continue in the National Emergency

• Martial law can be imposed to restore the breakdown of law & order, Whereas, A national
emergency can be imposed for war, external aggression, or an Armed rebellion.

• Martial law is imposed in some specific area/ territory of the country Whereas, a national
emergency can be imposed either in the whole of the country or in any part of the country.

• Martial law has no specific provision in the constitution. It is implicit in Article 34. Whereas,
National Emergency has specific provisions in the constitution under Article 352.

ARTICLE 35 OF THE INDIAN CONSTITUTION (06:12 PM)

• It gives powers to parliament to make laws to give effect to certain specified FRs. It contains
the following provisions.

• 1) Parliament can prescribe Residence as a condition for certain employments.

• 2) Parliament can empower courts other than SC and HCs to issue writs (Article 32)

• 3) Parliament can restrict the application of FRs to members of the Armed forces.

• 4) During martial law parliament can indemnify any public servant for any act done during
the operation of Martial law.

• 5) Parliament can also prescribe Punishment for those acts that are declared offensive under
FRs- Untouchability, trafficking in Human beings, and forced labor.
ARTICLE 31 OF THE INDIAN CONSTITUTION (06:20 PM)

• It is originally a right to property.

• Right to the property is part of Article 19 (1)(f) and Article 31.

• 44th Constitutional Amendment removed the right to property from FRs by repealing Article
19(1)(f) and Article 31 from Part III of the Constitution.

• It was included in new article 300A in part XII of the constitution. It is only an ordinary legal
right and is not an FR.

• FRs v/s Ordinary legal rights

• Ordinary legal rights can be regulated by Parliament without any constitutional amendment.
It can be done through ordinary law passed by the parliament. In the case of FR, they can be
amended only with a special majority in both LS and RS.

• In the case of ordinary legal rights the aggrieved person cannot directly move SC but one can
approach HCs. In the case of FRs, they can approach SC directly.

• Parliament can amend FRs but this power is not absolute. The judiciary can declare them as
Null and Void if they violate the basic structure of our constitution.

• In the case of FRs, the judiciary can protect citizens from both executive as well as legislative
actions and in the case of ordinary legal rights they can be protected only against executive
actions

RIGHT TO PROPERTY (06:33 PM)

• Under Article 19(1)(f), every citizen has the right to acquire, hold and dispose of property

• Under Article 31, every person, citizen or non-citizen has the right against deprivation of his
property i.e. no person shall be deprived of his property except by authority of law. The state
can acquire property only on two conditions

• a) It should be for public purposes.

• b) It should provide compensation to the owners of the land.

DIRECTIVE POLICY OS STATE POLICIES (07:00 PM)

• Our constitution makers were criticized for not including Gandhian ideologies so they added
DPSPs to include the Gandhian ideologies.

• DPSPs are borrowed from the Irish constitution. They provide moral and ethical guidelines to
the state while formulating public policies.

• Part IV of our constitution contains DPSPs from Articles 36 to 51. They resemble the
instrument of instruction contained in the GOI Act 1935.

• They are comprehensive in nature covering social, economic, and political aspects of
governance.

• Since they are only directives, they are non-justiciable but they help the judiciary in
examining the constitutional validity of a law. For example- Judiciary can declare a law as
 constitutionally valid if it gives effect to DPSPs even if it imposes reasonable restrictions on
Article 19 and Article 14.

• Article 36 of the Indian constitution.

• It defines state and the definition of state is the same as under Article 12.

• Article 37 of the Indian constitution

• Application of the principles contained in part IV shall not be enforceable by any court. It
means DPSPs are non-justiciable in a court of law.

• Article 38 of the Indian constitution

• It is socialistic in its orientation. Its objective is to reduce inequalities between people and
regions

• India must focus on BRD i.e. Balanced regional development. The states are not at the same
level of development. There are "islands of prosperity in the ocean of poverty"

• Article 39 of the Indian constitution (07:16 PM)

• It is also socialistic in its orientation

• a) Article 39 (a)- Citizens, men, and women equally have the right to an adequate means of
livelihood. Examples- Pradhan Mantri Kaushal Vikas Yojana, Skill India mission etc

• b) Article 39 (b)- The ownership and control of the material resources of the community are
so distributed as best to subserve the common good- Example- land ceiling legislation, land
reforms

• c) Article 39 (c)-That the operation of the economic system does not result in the
concentration of wealth and means of production to the common detriment.

• d) Article 39 (d)-That there is equal pay for equal work for both men and women. Example-
Payment of Wages Act

• e) Article 39 (e)-That the health and strength of workers, men, and women, and the tender
age of children are not abused and that citizens are not forced by economic necessity to
enter avocations unsuited to their age or strength. Example- Factories Act.

• f) Article 39 (f)- That children are given opportunities and facilities to develop in a healthy
manner

• Article 39A of the Indian constitution

• It was inserted by 42nd Constitutional amendment.

• It talks about equal justice and Free legal aid to protect weaker sections of society

• Article 40 of the Indian constitution

• Organization of village Panchayats

• Article 41 of the Indian constitution

• Right to work, to education, and to public assistance in cases of Unemployment, old age, and
sickness
• Right to work- NREGA, Right to education- RTE Act.

• Article 42 of the Indian constitution

• Provision for just and humane conditions of work and maternity relief.

• Article 43 of the Indian constitution

• Living wage for workers.

• Workers should be paid minimum wages to have a decent standard of life.

• Article 43 A of the Indian constitution

• It was inserted by 42nd Constitutional amendment.

• Participation of workers in the management of Industries.

• Article 43B of the Indian constitution

• Promotion of cooperative societies.

• It was inserted by 97th CAA in 2011

• Article 44 of the Indian constitution

• Uniform civil code

• Article 45 of the Indian constitution

• Provision for early childhood care and education to children below the age of six years.

• Article 46 of the Indian constitution

• Promotion of educational and economic interests of scheduled caste, scheduled tribes, and
other weaker sections.

• Article 47 of the Indian constitution

• The state must raise the level of nutrition and the standard of living and must also improve
public health.

• Example- A mid-day meal scheme, Food Security Act, PMJAY

• Article 48 of the Indian constitution

• Organisation of agriculture and animal husbandry.

• It includes the prohibition of cow slaughter.

• Article 48 A of the Indian constitution

• It was added by the 42nd CAA.

• Protection and improvement of the environment and safeguarding of forests and wildlife.

• Article 49 of the Indian constitution

• Protection of monuments of national importance

• Article 50 of the Indian constitution

 • Separation of the judiciary from the executive

• Article 51 of the Indian constitution

• Promotion of International peace and security.

UNIFORM CIVIL CODE (07:40 PM)

• Before the advent of the Britishers, India was governed by Islamic laws i.e. Sharia and Hindu
laws.

• Britishers brought certain reforms in the Hindu society (Widow remarriage, marriage, etc)
which were not liked by the orthodox class and the 1857 revolt happened.

• After 1857, the power was transferred from Company to the crown.

• 1860- IPC, CrPC etc were brought and reforms were taken. They have prescribed different
kinds of punishment committed by people. The punishment was same for each person
belonging to any caste, religion etc.

• Civil laws= Marriage, divorce & Alimony, inheritence, adoption & maintenance, Succession,
Property etc

• Country was already partitioned on the religious lines so we needed to give assurance to the
minorities that their interest can be safeguarded.

• Why reservations given to women failed?

• Patriarchial society in India

• Women do not act as powerful pressure groups which can influence the electoral outcomes
[* Whereas SC, ST, and OBC act as powerful pressure groups]

• Political Populism in the country.

The topic for the next class: is- Uniform Civil Code, Fundamental Duties and Q&A discussion.

Summary

Polity Class 18

REVISION OF THE PREVIOUS CLASS (05:00 PM)

UNIFORM CIVIL CODE (05:10 PM)

• The constituent assembly discussed the need for UCC during the British times, IPC, and CrPC
made sure that the criminal procedure code would be the same for all the citizens of the
country irrespective of their identities but they deliberately did not bring in UCC as they did
not want to hurt the sentiments of people.

• British rule in India has mostly focussed on economic exploitation than on reforming the
society.

• Members of the Constituent Assembly in general have agreed to a uniform civil code but
they also realized the fact that bringing UCC immediately after the partition can lead to
creating more fear in the minds of minorities community in the country.
 • It was included in DPSP Article 44 because it would not be mandatory for the government to
implement these DPSPs in a time-bound manner.

• In 1950, the then Law minister Dr. B.R . Ambedkar had come out with legislation to reform
the Hindu religion popularly known as the Hindu code bill. Since its contents were too
radical, It was strongly opposed by conservative elements in the Congress party.

• Ambedkar resigned from the council of ministers as his bill was opposed by the Congress
party.

• 1st General elections were held in Lok Sabha in 1952, Jawaharlal Nehru, and the Congress
party fought these elections in the name of reforming Hindu society.

• There was strong strong opposition to the Hindu code bill, To get this bill passed on the floor
of the house, The government divided it into small parts and it was not called the Hindu code
bill.

• At the time of passing these bills, Nehru had promised that UCC also will be approved by the
parliament in the future after ensuring consensus among all religions regarding its contents.

• But since the 1950s, Political parties did not make any serious attempts to bring UCC.
Unfortunately, the debate around the UCC focussed only on religion but in the process, it has
completely ignored gender-related issues.

• Supreme Court in the Shah Bano case had requested the central government to bring the
UCC but no serious attempts were made despite widening inequalities in terms of gender in
the society.

WHAT SHOULD BE DONE? (05:46 PM)

• Political parties, media, Civil society organizations, NGOs, and other pressure groups must
come together to ensure consensus regarding the UCC.

• The strategy followed by the Jawaharlal Nehru Government for the Hindu civil code can also
be followed for UCC. It can be divided into various legislations including marriage and divorce
legislation, Inheritance and succession legislation, and so on.

• The Government can then can reach a consensus among different sections of society
regarding this legislation by looking at these problems from purely gender perspectives
without bringing in religion.

• Media and civil service organizations can be made active participants in the whole process.

FUNDAMENTAL DUTIES (06:00 PM)

• FDs are inspired by the Russian constitution, to overcome the political emergencies in the
1970s.

• So a 42nd Constitutional amendment act (Mini Constitution) was tabled in the parliament.

• None of the democratic countries has these FDs except JAPAN, In 1976 Swaran Singh
committee was set up by the Congress party to recommend the FDs during the operation of
internal emergencies.

• The committee recommended 8 FDs but the 42nd Amendment included 10 FDs.
 • Some of these FDs are moral duties whereas others are civic duties. Like DPSPs FDs are also
non-justiciable i.e there is no direct enforcement by the courts.

• FDs are confined only to citizens of the country. Parliament can enforce them through
suitable legislation.

• The objective of these FDs is to promote a sense of Responsible citizenship among the
citizens.

• List all the 11 FDs You can get in Your NCERTs or Reference material Kindly refer.

HOW TO WRITE ANSWERS (06:19 PM)

• Presenting the content from the point of view of UPSC is important.

• Content is the basis but how to present that content in an organized manner is a challenge
that too in 150-250 words in 7 minutes.

• The answer has three parts:

• Introduction (Will be 10-15% of your answers)

• Body (Will be 70% of your answer)

• Conclusion (Will be again 10-15% of your answer)

• For the Introduction part, You need to give the opening remarks, Give data, Facts, and
Convey to the examiner that yes you have understood the demand of the question.

• For the body part, you have to logically analyze which means statement or points followed by
a reason with substantiation.

• The conclusion again is summarising the body part. But in a balanced way.

QUESTION DISCUSSION (7:25 PM)

• Question 1: Discuss each adjective attached to the word Republic in the preamble. Are
they defendable in the present circumstances (07:25 PM)

• Approach:

• First You need to discuss each adjective which is Socialist, Secular, Democratic Republic, and
so on.

• Second, you need to throw light on the part "Are they defendable".

• In the Introduction You need to write the utility of the Preamble i.e Why Preamble?

• In the Body part: You need to discuss each adjective elaborately.

• In the Conclusion part: Summarise the body part with a balanced approach.

• Question 2: The right of movement and residence throughout the territory of India are
freely available to the Indian citizens but these rights are not absolute. Comment (07:38
PM)
 • Start your answer by writing India is such a large and diverse country, Always faces
challenges regarding fraternity, Unity, and Integrity, They could be overcome if there are
better people-to-people contacts.

• Then You need to explain What freedom of movement means: Our Constitution makers
considered India a single entity despite its diversity, They have given every citizen of the
country, The right to move as well as reside.

• Why the Exceptions were given: Liek Tribal areas, Public health, Morality.

• We are living in an age of Globalization, So Government has to ensure that Tribal people also
have the benefits of Globalization.

• PESA is there so that the benefits of Globalization are also tracked there in the interiors
without impacting their traditions and culture.

• Finally, conclude by In the age of Globalization their rights are also ensured.

The topic for the next class: Discussion of Prelims Question, Parliament

Summary

Polity Class 19

A brief overview of the previous class and Q&A session (05:00 PM)

PARLIAMENT (05:09 PM)

• Constitution has given a responsibility to ensure constitutional governance to three organs of

state- Legislature, Executive, and Judiciary.

• Democracy- It works on the principle of Rule of law, Separation of powers.

• Parliamentary democracy

• People elected representatives

• Bicameral legislature- Lok Sabha (Lower house) and Rajya Sabha (Upper house).

• Members of LS are elected directly by people through the First past the post system from the
constituency.

• Voters= 18 years and above + registered as voters in ECI

• Dilution of decision-making powers

• Democracy (140 crores) > Parliament (800 MPs)> CoM form of government (around 80) >
Cabinet(27-36) form of government > Kitchen cabinets (seniormost members)> Prime
ministerial form of government (PM takes decisions without consulting the seniormost
ministers).

• CoM= Cabinet ministers + MoS (independent charge) + MoS

• Cabinet ministers= independent charge of one or more ministries

• Only cabinet ministers will attend the meetings of the cabinet

PARLIAMENTARY DEMOCRACY IN INDIA (06:17 PM)

• At the time of independence, our constitutional makers opted for democracy as they felt that
it was the only democracy that could protect and promote the ideals enshrined in our
constitution.

• They had two choices in front of them- Parliamentary democracy and a Presidential form of
democracy.

• They have evaluated the relative merits and demerits of both these systems.

• Merits of parliamentary democracy (06:20 PM)

• Parliamentary democracy ensures continuous accountability of the executive towards the

legislature.

• PM and Council of Ministers can stay in power only till they have a majority in Lok sabha.

• Members of Parliament come from different states and it can ensure that the interests of all
regions in the country can be protected.

• PM can not become a dictator due to various checks and balances that exist in Parliamentary
democracy.

• But Parliamentary democracy also has certain weaknesses

• The executive will have to spend most of its time on survival because they are continuously
accountable to the legislature.

• It can also result in political instability. For example- between 1989 and 1999 the country
witnessed elections for Lok Sabha 5 times.

• Parliamentary democracy can also lead to policy paralysis in administration i.e. the executive
will not be able to take tough policy decisions because of the survival of his government

• [* Scams in the government led to policy paralysis. Also, there was fear of the 4 Cs- Court,
CAG, CBI, and CVC. Thus bureaucrats were also fearing of taking any decisions which led to
Policy paralysis. The government was not taking any tough decisions ]

PRESIDENTIAL FORM OF DEMOCRACY (06:46 PM)

• There is a clear-cut separation of powers between the legislature and the executive. The
president is not part of the legislature.

• The presidential form of democracy can ensure stability in governance. It becomes almost
impossible to impeach the president. For example- in the USA, in the last 230 years no
president was removed before the expiry of his term as it requires 2/3rd majorities in the
House of Representatives and also in the Senate.

• But the presidential form of democracy can lead to the dictatorship of the president

• Our constitutional makers have opted for parliamentary democracy for the following
reasons

• a) They felt that if a charismatic person becomes the president of the country, there is every
possibility of the president transforming himself into a dictator.
 • b) They felt that accountability should be given more importance than the stability offered by
presidential democracy.

• c) India had already experienced parliamentary democracy during British rule. It was felt by
our constitutional makers that it is better to go with a "known devil" (parliamentary
democracy) than an "Unknown Angel" (Presidential democracy).

IMPORTANT FEATURES OF PARLIAMENTARY DEMOCRACY (07:00 PM)

• In a parliamentary democracy, the executive is part of the legislature, and it is accountable to

the legislature. For example- A person can become part of the Council of Ministers and PM
only when he is eligible to become a member of parliament.

• Parliament in India consists of Lok Sabha, Rajya Sabha, and the President.

• In a parliamentary democracy, there is a difference between nominal executive and real

executive. The president is the Nominal executive and is also the head of state and the PM
who heads the Council of Ministers is the real executive. He is the head of the government.

• Any political party that has the majority in Lok Sabha is invited by the President to form the
government. The leader of a political party will become the PM.

• The PM and his CoM are accountable to Lok Sabha. It is known as the collective
responsibility of CoM.

• CoM consists of

• a) Cabinet ministers

• b) Ministers of State (Independent charge)

• c) Minister of State.

• The term of Lok Sabha is 5 years but it can be dissolved before the expiry of the term.

• Lok Sabha constituencies are territorial constituencies that are created on the basis of
population.

• Another feature of parliamentary democracy is the multi-party system. Candidates from

different political parties along with independents can contest elections and elections are
held on the basis of the FPTP system (First past the post system).

• Any candidate who gets one vote more than his nearest rival can be declared elected.

• Parliament has various instruments to ensure continuous accountability of the executive.

They include

• a) Question hour- During this period MPs can raise the question regarding the functioning of
the government. Parliament starts at this hour (11 AM). During this hour MPs can raise the
question regarding the functioning of the particular ministry.

• There can be two types of questions- Starred and Unstarred questions. In the case of starred
questions the minister has to give a written reply and no supplementary question can follow.
Whereas in the case of the unstarred questions oral reply can be given and supplementary
questions can follow.
 • This has been taken from British parliamentary practice

• b) Zero Hour- This is an Indian innovation. After the question hour (11 AM to 12 PM), the
Zero hour starts. They can ask questions related to any ministries. In case the Ministers fail to
reply, the PM has to reply.

• c) Short-duration discussions.

• d) Passing of Bills- To discuss, debate, and pass the Bills. The members do not have technical
expertise so it is delegated to the Executive. Once the Bill is introduced then it will be
discussed, debated, and transferred to a select committee and after that, it is voted on the
floor of the house.

• e) Confidence and No-confidence motion- PM headed by CoM is accountable to LS.

Government can remain in power till it has the majority of the House.

• f) Adjournment motion.

• g) Passing of Budget

• h) Parliamentary committee system- Permanent committee, Department related standing

committees, Public accounts committee, etc

• i) Cut motions- These can be discussed while passing of the Budget- Economy cut, Policy cut,
Token cut, etc. If the budget is not passed then the government has to resign. [* Two cases
where the government has to resign- Passing of no-confidence motion, If budget is not
passed]

• j) Discussion and debates.

• Question:- Discuss the reasons for India opting for parliamentary democracy and also explain
the features of Parliamentary democracy. (15 marks/ 250 words)

Discussion of UPSC PYQ and Q&A session (07:40 PM)

The Topic for the next class:- Parliament and the analysis of the functioning of the parliament.

Summary

Polity Class 20

A BRIEF OVERVIEW OF THE PREVIOUS CLASS (01:01 PM)

FUNCTIONS TO BE PERFORMED BY OUR PARLIAMENT (01:11 PM)

• To make laws, rules, and regulations. As part of the separation of powers, it is the primary
responsibility of the legislature to make laws, rules, and regulations. The executive is
responsible for their implementation.

• To Fix accountability on the part of the executive- Constitutionalism is about limited

government and inherent checks and balances. It is the responsibility of the legislature to
ensure continuous accountability of the executive through various instruments.

• Parliament should act as a forum for discussion and debate. Members of parliament are
expected to discuss, debate, and decide on various problems confronting the country. In a
 representative democracy, it is not possible for ordinary citizens to discuss their problems on
the floor of the house. It is people elected representatives who have to perform this function
on behalf of citizens.

• Members of parliament with their impeccable honesty and integrity, should be role models
for others in society.

• [* Attitude and values can be developed by observing the actions of the leaders]

• Members of parliament must also ensure that those who are committed to the service of the
country are in a selfless manner or elected because the quality of executive (CoM and PM) in
our parliamentary democracy directly depends on the quality of legislature.

FUNCTIONING OF OUR PARLIAMENT SINCE INDEPENDENCE (01:30 PM)

• Since independence, the evaluation can be divided into various periods

• 1947-67- The Golden Age

• 1967- 1990- Decline of the standards- Criminalization of politics

• 1990 onwards- Decline further widened- Politicisation of crime, But with the emergence of
coalition governments parliament again regained its credibility

• 2014 onwards- Single-party rule

• 2019 onwards- Parliament became an extension of the executive.

• Parliament- The UK v/s India

• Democratic norms have developed over 800 years. India has the same parliamentary
democracy but in UK's legislature is performing its function effectively.

• When a charismatic leader occupies the position then all the positions of power become
subservient to the charismatic leader. In UK democratic structure is such that the charismatic
leader can not make all other positions of power subservient.

• Inner party democracy is not there in India.

• Charismatic leader- A person who enjoys a huge amount of popularity because the followers
believe that the leader has some supernatural powers.

• In the UK members use their conscience while voting, In India the MP has to follow the party
discipline and party Whip.

• In India, there is no democratic functioning in the political party.

• First Phase- the Golden phase- 1947-67 (01:47 PM)

• Functioning of the parliament is always dependent on the quality of MPs

• These MPs were called First generation politicians (they entered into politics during the
national movement). The spirit of sacrifice dominated their life so they worked selflessly.

• It was reflected in the functioning of the parliament. The functioning of parliament depends
on the personality of the PM

• J L Nehru's success= in Democracy and Secularism, Failures- Socialism and Foreign policy
 • 1952-57- In the first general election- There was no opposition to the LS [* 1/10 seats are
required to get the opposition party status] [**1969- India got the first opposition party. ]

• Swatantra party, Bhartiya Jansangha, and Congress socialist party were there but very few in
number. Despite their less number, they had active participation in the debate and
discussion of the Bill.

• All the Bills were discussed and debated before passage [* In 2021, The amount taken by
parliament to bass a Bill is 10 minutes]

• J L Nehru respected the views of the opposition party. He used to attend each and every
session.

• Important points

• During this phase parliament functioned for at least 150 days in a year. Most of the members
of the parliament were first-generation politicians who had entered into politics with the
objective of serving the country. They maintained the highest ethical standards and it was
reflected in the functioning of the parliament also.

• J L Nehru was a democratic PM and always respected parliamentary traditions and customs.

• Bills were passed only after in-depth discussion and debate on the floor of the house.

• Gulliotine was not used during this period. It means giving approval to Budgetary proposals
without any discussion or debate.

• The first budget of Independent India was discussed for more than 2 months before it was
given approval by Parliament on the other hand in 2023, 45 lakh crores of rupees of
taxpayers' money was given approval by our parliament in less than 10 minutes.

• Speaker mostly acted in an impartial manner

• Question hour was used effectively by opposition members of parliament to fix

accountability on the part of the executive. A cabinet minister was forced to resign because
of questions raised by opposition members on the floor of the house.

THE SECOND PHASE (1967-1990 ) (02:06 PM)

• This phase witnessed a decline in parliamentary standards. Why?

• First-generation politicians either died or retired and were replaced by second-generation

politicians.

• Big Zamindars entered into politics- They had business interests in mind.

• J L Nehru brought 1st CAA to bring land reforms but it failed.

• License raj and quota raj led to Crony-Socialism. [Businessman entered politics to grant
licenses to their favorite one]

• 1967- Till 1967, elections were held simultaneously for both LS as well as SLA. Congress
party was all over India.
• 1967 general elections- Congress party majority declined (It got only 290 seats). Non-
performance of the congress party led to the emergence of Bhartiya Jansangha, the
Communist party, Swatantra party.

• In 1962, the candidates used to spend less on the political campaign.

• In 1967- People lost faith in Congress, and people explored other options. Elections became
Multi-party affairs. candidates also knew that elections can not be fought only on ideologies.
Political parties started using Money power in elections.

• Political party took the help of anti-social elements to scare the people of the
election- RIGGING of the election.

• This is also called the Criminalisation of Politics- the use of criminals by the political party in
the election. After coming to power political parties were protecting the interests of the
criminals.

• This period also witnessed the breakdown of law & order.

• From 1971 onwards politics revolved around personality- It is called personality-based

politics [* Earlier politics was revolving around ideas, values, and principles].

• Indira Gandhi countered the slogan of "Indira Hatao" with the "Gareebi Hatao". She got the
absolute majority in the parliament.

• This period witnessed the complete deterioration of the functioning of the parliament with
walkouts, frequent adjournment motions, etc

• Budget was guillotined. The country witnessed "Ordinance raj" during this period,
Ordinances were promulgated and Re-promulgated.

• Also post of the speaker was politicized, and Question Hour was suspended.

• 1984 election- Rajeev Gandhi got 420 seats in LS.

• 1985- Anti-defection law was added (Xth schedule). It had taken away the freedom of the
members of the parliament.

• Anti-defection law+ Party Whip - declined the functioning of the parliament.

• 1987- Opposition was demanding the JPC for the Bofors scam.

• The 1980s- the emergence of many political parties- BSP, SP etc.

• After the implementation of the Mandal Commission, the emergence of backward-class

political parties

• Important points (02:50 PM)

• This period also witnessed the dominance of the Criminalization of politics

• This period also witnessed the dominance of the Congress party getting ended over Indian
politics.

• It has increased competition for public offices like MPs and MLAs. Political parties have
realized the fact that they can no longer win elections only on the basis of ideologies and
values. They started taking the help of criminals to win elections. These criminals provided
 Money and Muscle support to political parties. It ultimately resulted in the criminalization of
politics. It essentially means criminals helping political parties indirectly to win elections

• The country also witnessed especially after 1969, Personality based politics i.e. Politics
started revolving around the personality of the leaders rather than on ideologies and
problems

• All these events had a huge amount of negative impact on the functioning of our
parliamentary democracy.

• This period witnessed a drastic decline in the functioning of our parliament. Bills were
passed without any discussion or debate on the floor of the house. Ordinances were
routinely issued to avoid scrutiny, Budgets were guillotined (they were passed without any
discussion or debate on the floor of the house).

• The role of the speaker had become completely politicized.

• Parliamentary committees were also not effective

• Because of Anti defection law, Freedom and autonomy enjoyed by Individual MPs had come
to an end. The legislature was becoming an extension of the executive.

THE THIRD PHASE- 1990- 2019 (03:02 PM)

• In North India, after the implementation of the Mandal Commission, many caste-based
political parties emerged. Example- Biju Janta Dal etc

• At the central level, there was an end to single-party rule. It was a period of "Hung
parliament" and coalition government.

• In present LS, 43.5% of MPs have criminal records.

• JMM Bribery case, Jharkhand, 1993- P V Narasimha Rao faced a No-confidence motion in
parliament, so a bribe was offered to JMM members. This matter went to SC. [* Article 105
mentions the privileges of the MPs- Whatever a political party does on the floor of the house
can not be questioned in a court of law.]

• In 2009, the Congress party again faced a No-confidence motion.

• Money power started influencing the elections from outside as well as inside. Speakers
started misusing the Anti-defection laws.

• After 2009, The government got a majority in both houses, which led to a complete
deterioration of the functioning of the parliament.

• Important points (03:28 PM)

• This period witnessed further degeneration of Indian politics. The criminalization of politics
had transformed itself into the Politicization of crime.

• In 1989, in general elections, for the first time the country witnessed the phenomenon of
"Hung Parliament" i.e. no political party got an absolute majority in Lok Sabha. It led to the
emergence of minorities and coalition governments at the central level.
 • Individual members of parliament can decide the fate of the governments. For example- In
1999, the then-Vajpayee government was defeated on the floor of the house by a single
vote.

• Criminals found it beneficial for them to contest directly in elections and then support
political parties indirectly. This period also witnessed further fragmentation of the Indian
polity with many regional political parties coming into existence.

• Competition for public offices (MPs and MLAs) further intensified. It has forced the political
parties to invite criminals into politics as they have better chances of winning elections. The
only criteria used by political parties to select candidates is the winnability criteria i.e. Ability
to win elections.

• When denied tickets by political parties, these criminals contested elections as

independents. Political parties needed their support to survive on the floor of the house.
These criminals were also given the opportunity to become part of the Council of Ministers.
It has ultimately resulted in the complete politicization of crime.

• Crime has been used by political parties and candidates to win elections and to retain power.
It can be seen in the present loksabha also wherein a significant no. of MPs have serious
criminal records against them as per the affidavits they submit to the election commission at
the time of contesting elections.

• This transformation from the Criminalization of politics into the Politicization of crime has
resulted in a further decline in the standards of our parliament.

• Since 2019, when the ruling political party had got a majority in Rajya Sabha also, our
legislature has become nothing but an extension of the executive. The no. of days the
parliament meets in a year had come down from around 150 days in the 1950s to less than
60 days at present.

• Maximum no. of Bills are passed without any discussion or debate. The average time taken
by Lok Sabha is less than 10 minutes to pass a Bill.

• The three Farm Bills were passed by Rajya Sabha in less than 2 minutes' time after the entire
opposition was suspended on the floor of the house.

• 2023-24 Budget of 45 Lakh crores of rupees was approved by Lok Sabha in less than 10
minutes without any discussion or debate.

• Speaker's role also had become controversial especially due to the misuse of the Anti-
defection law.

• Parliamentary committees have also become less effective due to continuous conflict
between ruling and opposition parties.

SOLUTION TO THE PROBLEMS (03:48 PM)

• Problem 1- No. of days parliament is functioning- From 150 days in a year the no. of days
parliament functioned has come down to less than 60 days in recent times

• In order to overcome this problem Parliament can come out with a special law regarding its
own functioning. It should meet for at least 120 days in a year.
 • If the house is adjourned for any reason it should meet for an additional no. of days to
overcome the loss of parliamentary functioning.

• Question:- Differentiate between the criminalization of Politics and the politicization of crime
and suggest reforms. (10 marks/ 150 words)

The topic for the next class:- Continuation of solutions to the problems faced by parliament in its
effective functioning.

Summary

Polity Class 21

A BRIEF OVERVIEW OF THE PREVIOUS CLASS (05:02 PM)

SOLUTION TO THE PROBLEMS FACED BY OUR PARLIAMENT IN ITS EFFECTIVE FUNCTIONING (05:06
PM)

• Post of Speaker

• The speaker is elected by the members of the Lok Sabha normally as part of the tradition the
speaker belongs to a Ruling political party.

• Speaker loses his position

• a) When he ceases to be a member of the Lok Sabha

• b) When he resigns by writing to the Deputy Speaker of the Lok Sabha [* When there is no
deputy speaker, the resignation can be addressed to the president of India]

• c) Speaker can also be removed by a resolution passed by a majority of all the then members
of the Lok Sabha [* Effective majority]. Such a resolution can be moved only after giving 14
days' notice to the speaker.

• When the resolution is taken up by the house the speaker can not preside over the house.
He can speak on the floor of the house. He can also vote on the resolution.

• After the dissolution of the house the office of the speaker would not become vacant. The
speaker will continue till the new house elects another person as the speaker.

• Powers of Speaker (05:48 PM)

• Speaker has the absolute sovereign power to run the house

• His decisions can not be questioned in a court of law except for disqualification of MPs under
the Anti-defection Law.

• Speaker also presides over the joint sitting of LS and RS.

• Speaker can also allow secret sittings of the house

• Speaker also decides whether a Bill is a money Bill or Not.

• Speaker also appoints Chairmans of various parliamentary committees

 • In order to ensure the impartial and independent functioning of the speaker following
provisions have been included

• Speaker is given security of tenure.

• He can be removed only through an effective majority and the motion for removal of the
speaker can be considered and discussed only when it has the support of at least 50
Members.

• His salary and allowances are fixed by the parliament and are charged from the consolidated
fund of India.

• His conduct can not be discussed and criticized in Lok Sabha except in case of a substantive
motion.

• His decisions within the house can not be questioned in a court of law.

• [Speakers coming to the rescue while tabling the No-confidence motion, Using the discretion
to hold in-camera proceedings, without live telecast, etc, During Ant-defection law, etc].

PROBLEM 2:- POLITICIZATION OF THE OFFICE OF SPEAKER (05:55 PM)

• In recent times, the office of the speaker has come under severe criticism due
to politicization of the office of the speaker.

• Opposition parties have alleged that the speaker is acting more as the representative of the
ruling political party than as the custodian of the house.

• Especially at the state level the office of the speaker has become controversial due to the
misuse of Anti-defection law.

• Speakers have used their discretionary powers to benefit the ruling political parties at the
center as well as in the states.

• It has also adversely impacted the functioning of the house. It is also one of the reasons for
the declining standards of our parliament.

• Solution:-

• It is suggested that India also should follow British parliamentary practices. In the UK, they
have a tradition of "Once a speaker, Always a speaker".

• Following reforms can be implemented

• a) Like in the UK, any MP who wants to be a speaker must have the support of a minimum
number of MPs from all political parties (* In the UK, it is 12).

• b) After nominations are over, there should be a secret ballot to elect a speaker, and the
person who is elected as the speaker must have the support of more than 50% of MPs.

• c) Once a person is elected as speaker, he should resign from the political party to which he
belongs. It is to ensure impartial functioning.

• d) In the UK, Political parties have a tradition of not putting candidates against the speaker in
his parliamentary constituency so that he can be elected unanimously.
 • e) In India, the speaker can be nominated to the next Lok Sabha, and if the members agree,
he can continue to be the speaker for the next Lok Sabha also, so that once a speaker, always
a speaker can be part of our parliamentary traditions also.

POST OF DEPUTY SPEAKER (06:15 PM)

• Deputy speaker is also elected by Lok Sabha from its members. The election date of the
deputy speaker is fixed by the speaker. Normally a member of the opposition party is elected
as deputy speaker.

• He has all the powers of the speaker while performing the function of the speaker.

• He presides over the functioning of the house when the speaker is absent.

• Deputy speaker can be removed in the same manner as the of speaker of lok sabha.

• If a deputy speaker is appointed to any parliamentary committee, he would automatically

become the chairman of the committee.

PROBLEM 3:- PARLIAMENTARY PRIVILEGES (07:00 PM)

• Problem 3:- Parliamentary privileges

• Our constitutional makers felt that members should be given certain privileges to perform
their function in a more efficient manner.

• Article 105 of the constitution mentions two important privileges

• a) Freedom of speech in parliament.

• b) Right of publication of its proceedings.

• Parliament can also conduct its proceedings in a secretive manner. It can also members for
breach of its privileges.

• They cannot be arrested during the session of the parliament and 40 days before and 40 days
after the end of a session.

• This privilege is available only in civil cases but not in Criminal cases.

• Our constitution makers expected that MPs of the future to define and to codify their
privileges, But our MPs have not codified their privileges. There are many instances wherein
it has resulted in misuse of the privileges.

• In the JMM bribery case, in 1993, it was proved that MPs had taken money to vote in a
particular manner on the floor of the house. There were other instances also wherein the
members decided to take action against the media for breach of their privileges.

• Judiciary had to come to the rescue and made sure that freedom of speech and expression
also includes freedom of Media.

• When the A.P. State Reorganization Bill was discussed on the floor of the house in Lok Sabha,
a member of parliament used paper spray to disturb the proceedings of the house.

• Recently, in the budget session of the house members attacked the speaker. It raises
questions about the privileges of members
 • Solution:-

• It is suggested that members must codify their privileges so that there cannot be any scope
for their misuse.

• It is also suggested that taking bribes and voting in a particular manner on the floor of the
house can not be part of their privileges.

• They are the role models for the rest of the people of a country and by defining their
privileges they can set the highest ethical standards for the people of the country.

PROBLEM 4:- PASSING OF BILLS (07:15 PM)

• Problem 4- Lacunaes in the passing of the Bills

• Legislature is responsible for law-making and the executive for its implementation. The
legislature must make laws and rules for the entire country. India does not have a strict
separation of powers.

• Legislature has delegated the law-making power to the executive (Delegated legislation).
Delegation means the transfer of power to the lower authority. The power of law-making is
delegated to the executive.

• Why this delegation?

• MPs and MLAs are professional politicians, they do not have expertise in law-making/
legislation. This legislation is a technical activity. In all democracies, the executive is the one
who makes law.

• Also, parliament does not meet throughout the year whereas, the administration is a
technical activity and goes throughout the year.

• Delegated legislation allows for experimentation [* Example- NREGS- Government started it

as a pilot project. If the government had implemented this all over India, then it would have
caused more financial loss].

• Delegated legislation can be more democratic in nature. [* Ministries and departments can
invite suggestions from the public. Example- Draft Environment impact assessment Bill].

• Role of the legislature (07:25 PM)

• Legislature discusses and debates the Bill which is not happening in India

• Section 66A was added to the IT Act- in 2 minutes.

• Three farm Bills were passed in 2 minutes.

• Legislature has become an extension of the executive.

• There is no executive accountability to Judiciary.

• In the J&K reorganization Act- The MPs were given a 3000-4000 page document just in the
morning and they were supposed to discuss the Bill.

• Especially after 2019, The ruling party also got a majority in RS.

• Process in the UK v/s India

• In Uk, for any Bill to become Act it requires 12-14 months. After the introduction, the general
discussion takes place, then the Bill is sent to the Select committee.

• A select committee goes through each and every line and come out with suggestion and then
parliament meets and scrutinizes the points. On those suggestions, voting will take place.

• Political parties can not issue Whip before the voting. The members vote according to their
conscience.

• After that Bill again will go to a select committee and again be sent to parliament for a final
vote. [* A labor party MP in the UK voted against his own party for 15 years]. There is inner-
party democracy in the UK.

• In the UK the MPs go to their constituency and ask for their suggestion. [* Participatory
democracy]

• In India, every political party issue whip to vote in a particular manner. If the whip is
disobeyed then the member may attract an anti-defection procedure.

• This tendency of issuing Whip and Anti-defection laws has killed the democratic credentials.
The main fuel is the lack of "inner-party democracy"

• Democratic federalism- Charismatic leader becomes the dictator. MPs do not have the
caliber to win the election on their own. The people vote in the name of charismatic leaders
and political party

• In the UK, every Wednesday the PM of the UK answers the question asked by the opposition
party as well as the ruling party.

• Private member's Bills

• Normally the Bills are introduced by Government. But the Bills can be introduced by the
Individual MP which is called a Private member Bill.

• In India, the last time a private member Bill was introduced was in 1968, and it was passed in
1970.

• The parliament is not functioning properly and thus Judiciary has to interfere. This is
increasing Judicial Activism.

• Solution

• No Bill should be passed without sending it to the Select committee. (There are 24
Department related committees)- "LEGISLATIVE OVERSIGHT"

• They can use experts in the field and scrutinize the Bills.

• Political parties should not be allowed to issue Whip. The members should use their
conscience and also they can discuss this with their constituency.

• Private member's bills (the Friday afternoon session is reserved for the Private member's Bill
discussion) should be given a proper discussion.

• Also, President has absolute veto power against the private member's Bill.
 • [* In GoI 1935, it has mentioned that In the case of a Private Member Bill, Viceroy has
absolute veto power. In the case of Treasury Bills, the viceroy did not enjoy any Veto. We
blindly copied these provisions into our constitution]

• [** This is an irony, On one hand, it is said that legislators are responsible for lawmaking but
on the other side president enjoys absolute veto against the private member Bill. ]

• Constitution can be amended to remove the absolute veto power given to the president so
that it encourages MPs to come out with a Private member Bill.

• [*** We need to change the Anti-defection law+ Political party should issue Whip only in
case of confidence motion, No-confidence motion, and in case of Budget where the stability
of government is in question. In the case of an ordinary Bill, the political party should refrain
from issuing Whip ]

• Question:- Define the privileges of Members of parliament with relevant constitutional

provisions and analyze the reasons for the failure of our parliament to codify them. What
should be done? (250 words/ 15 marks).

The Topic for the next class:- Q&A discussion, and continuation of Parliament.

Summary

Polity Class 22

A BRIEF OVERVIEW OF THE PREVIOUS CLASS (05:01 PM)

TYPES OF MAJORITY (05:05 PM)

• Simple majority- The majority of the members present and voting on the floor of the house.
It is required during the No-confidence motion.

• Absolute majority- The majority of the total membership of the house.

• Effective majority- The majority of the Total membership minus the vacancies.

• Special majority- Absolute majority + Majority of 2/3rd members present and voting.

PROBLEM 4:- PASSING OF THE BILLS (05:13 PM)

• As part of the separation of powers and functions legislature is responsible for law-making,
Over a period of time legislature has delegated this responsibility to the executive, Popularly
known as delegated legislation.

• A Bill can be introduced in either house of the parliament. Broadly two different types of Bills
are introduced

• a) Public Bills are also known as Treasury Bills or Government Bills

• b) Private member's Bills

• Both of them follow the same procedure for their passage on the floor of the house

• Procedure for Ordinary Bills

• a) First reading of the Bill- An Ordinary Bill can be introduced in either house of the
parliament by a minister or any members of the house. The Bill is introduced by reading its
title and objectives. At the stage of the introduction, no discussion will take place on the
floor of the house. The Bill is published in the Gazette of India

• b) Second reading of the Bill- During this stage members discuss the contents of the Bill. It
has 3 substages

• b.1) General discussion- Here the members will discuss the Bill on the floor of the house in
general terms. They can take up the Bill for consideration immediately or they can fix future
dates, or they can refer the Bill to a select committee of the house, or, they can refer the Bill
to a joint committee of both houses, or they can put the Bill in the Public domain to seek the
opinion of people.

• b.2) Once the Bill is sent to a committee the committee can scrutinize the contents of the Bill
and give its recommendation.

• b.3) The house after receiving recommendations from the committee can discuss and vote
on each and every clause of the Bill. Here, members can move amendments to the Bill. If
they are accepted they will become part of the Bill.

• c) Third reading of the Bill- Here the process is restricted only to the voting of the Bill.
Members are not allowed to move any amendments during this stage. It requires only a
simple majority on the floor of the house.

• d) Once it is passed by the house it will be sent to the other house for its approval. There are
4 alternatives

• d.1) The house may pass the Bill- It will be sent to President. If the president gives his
approval, it will become an Act.

• d.2) It may pass the Bill with an amendment and return the same to the first house.

• d.3) The House may reject the Bill altogether.

• d.4) The House may not take any action and keep the Bill to Itself.

• In the case of d.2, d.3, and d.4, if the Second house keeps the bill with itself for more than 6
months, it is considered deadlocked between both houses.

• If the first House rejects the amendments suggested by the second house it is considered
deadlock.

• To resolve the deadlock, the president can summon a joint sitting of both houses. If the joint
sitting passes the Bill with a simple majority, it means that both houses have given their
approval for the Bill.

• Analytical aspects (05:44 PM)

• In recent times, the country has witnessed a disturbing trend wherein most of the Bills are
being passed without any discussion or debate on the floor of the house.

• For example- In 2021, Monsoon session of parliament, 20 Bills introduced by the government
were given approval by both houses in less than 10 minutes.
• Between 2009 and 2014, More than 70% of the Bills were referred to select committees of
the Parliament. After 2019, when the government got a majority in Rajya Sabha also, the
number of Bills sent to the select committee had come down to less than 13%.

• No private member Bill was passed by both house of the parliament after 1970.

• Individual member of parliament contributions has come down in recent times as can be
seen from the above statistics. Legislature has become an extension of the executive i.e.
Legislature has become an institution that is there only to give its approval for the Bills
introduced by the government. Bills are passed without any discussion or debate on the floor
of the house.

• Political parties also regularly issue whips to their members. A whip is a one-line order issued
by a political party to its members asking them to represent on the floor of the house and
vote in a particular manner.

• If any member defies the whip issued by the political party, that member can be disqualified
under the Anti-defection law for Anti-party activities.

• Anti-defection law had come into existence in 1985 through the 52nd Constitutional
Amendment. It has added the Xth schedule to our constitution.

• Under Anti-defection law, Speaker is given absolute power to decide on a defection. There is
no time limit for the speaker to decide on defections.

• Initially, if one-third of the members of a political party on the floor of the house decide to
split from the party and create a separate group, they can escape from the provisions of the
Anti-defection law. Later it was proved that this provision has resulted in more defections
than in preventing defections.

• Because of the misuse of the Anti-defection law, parliament has passed the 91st
Constitutional Amendment Act to prevent the misuse and abuse. Now, under the provisions
of the Anti-defection law, 2/3rd members must come out of a political party and merge
themselves with another political party to avoid the provisions of the Anti-defection law.

• A nominated member can be disqualified if he joins a political party after the expiry of 6
months. On the other hand, an independent member can not join any political party after his
election.

• Misuse of Anti-defection law (Hereafter, ADL) (06:18 PM)

• ADL has been misused as there is no time limit for the speaker to decide on defections. If the
opposition party members are defecting, it has been observed that the speakers would not
take any decision on defections for the entire tenure of the assembly.

• Recently, Sikkim HC had come out with the judgment that Anti-defection law cases should be
decided within a period of three months. The matter is also pending with SC.

• ADL along with the tendency of the political parties to issue whips has reduced completely
the contribution of Individual MPs. They can not speak on the floor of the house as it invites
the provisions of ADL.

• Since the ruling political party always enjoys the majority on the floor of the house, the
legislature has become nothing but an extension of the executive.
• In a parliamentary democracy, it is the legislature that is expected to ensure the
accountability of the executive but in reality, it is the executive using its majority on the floor
of the house that controls and dominates the functioning of the legislature.

• Solution (06:30 PM)

• In the UK, it would take at least 12 to 14 months for any ordinary Bill to become an Act. It
follows the process of general discussion, scrutiny by parliamentary committees and
ultimately voting on the floor of the house.

• Political parties are not allowed to issue whips and they also don't have anti-defection laws.
Individual MPs normally vote according to their conscience. Their parliament can ensure
effective control over the functioning of the executive. They also have inner-party
democracy.

• What can be done in India?

• Article 107 of the constitution should be amended. Under Article 107(2), A Bill shall not be
deemed to have been passed by the houses of parliament unless it has been agreed to by
both houses.

• Following changes can be made to Article 107

• a) It should be made mandatory that both houses must discuss and debate the Bill. It should
be sent to a select committee before the voting takes place.

• b) Individual MPs should be given the freedom to vote on the Bill according to their
conscience.

• c) Political parties should not be allowed to issue whips

• d) MPs must go back to their constituencies and discuss the contents of the Bill with their
voters and vote according to the opinion of their voters on the floor of the house. It can help
in transforming our representative democracy into participatory democracy.

• Following changes can be made to ADL to prevent its misuse (06:40 PM)

• The power to decide defection should be taken away from the speaker.

• It is suggested that the power to decide defections can be given to the President and
Governor respectively and they can take the decision on the basis of the suggestions given
by the Election Commission. SC also suggested that these defections can be decided by a
retired SC judge with a specific time limit.

• There can be an independent tribunal consisting of constitutional experts that can decide on
defections.

• In order to prevent misuse of ADL it is suggested that the provisions of ADL should be
applied only in the case of confidence/ No-confidence motion and also in passing the
Budget.

• Members should be given the freedom to resign from their political parties and if any person
wants to defect, his seat should automatically become vacant and he can be allowed to
contest By-elections. If he wins the election, he can join any other political party.
FINANCIAL BUSINESS OF THE HOUSE (07:14 PM)

• Budget Formulation is the exclusive domain of the Ministry of Finance. It is also an exclusive
domain of the Lok Sabha

• A budget is called an Annual Financial Statement. It provides information regarding revenues

and expenditures.

• Steps in Budget

• Step 1- Introduction- The budget is presented on the 1st of February. It is the Department of
economic affairs that is responsible for the formulation of the Budget. Department of
Economic Affairs come out with two documents- Economic Survey and Budget.

• [* Budget gives information about fiscal policy, Financial health of the country, etc]. After the
Introduction, House will not take up any other activity.

• Step 2- General discussion- This takes place for around 10 days. It takes place in both LS and
RS.

• [* Earlier we had a Vote on Account provision, now we do not have this.

• Earlier Budget was presented on the 28th of February and in India Financial year starts from
the 1st of April to the 31st of March.

• Up to the 10th of March, there would be a general discussion and after that Parliament will
take a break of 40 days. And in between the gap, the parliamentary committees will
scrutinize the various demand for grants.

• [** Demand for grants- Example- Agricultural ministry is demanding 90 cr and Education
ministry is asking 100 cr so parliamentary committees will scrutinize all these demands].

• From 10th March to 20th April will be spent on scrutinizing the demand.

• Our budget works on the principle of Lapse. For example, Suppose the Agricultural Ministry
was given 100 cr in a previous financial year but it used only 90 cr so 10 cr will lapse and it
will be sent back to the consolidated fund of India. Whatever money is given in an annual
financial year can be spent in one financial year.

• So now, the Agricultural Ministry has to spend the money from the next year's Budget as
their unspent money has now lapsed.

• But the Budget is not passed on the 1st of April. So we came out with Vote on Account.

• During the general discussion, LS will give approval for 2 months of expenditure (1/6th of
the total expenditure) i.e. From 1st April to 31st of May.

• Step 3- Parliamentary committees- 24 department-related committees will scrutinize the

demand for grants for each and every ministry. After this again Parliament will meet.

• Step 4- Voting on Demand for Grants- At this point in time, parliament is expected to take
up the demand for grants and vote (It requires a simple majority). At this point in time, MPs
can move CUT motions.

• [* Cut motion- It is to cut down the expenditure. Three types- Policy cut, economy cut, Token
cut]
 • Policy cut- The amount is reduced to Rs 1.

• Economy Cut- The amount is reduced to a substantial amount.

• Token cut- The amount is reduced by some small token money like 100rs, 50 rs, etc. It is to
show the disapproval of the policy

• The speaker will allow 10 days to discuss and vote on the demand for grants. At the end of
the 10th day, all the rest demand for grants will be bunched together and put to vote
without any discussion (GULLIOTINE).

• Step 5- Voting on Appropriation Bill- This appropriation Bill contains the entire expenditure
of the government. This is divided into two categories- Charged expenditure and Non-
charged expenditure.

• Charged expenditure means the money is charged to the Consolidated Fund of India. Here
the Members cannot vote on the expenditure only they can discuss it. The constitutional
authorities are part of this to ensure their financial autonomy.

• Step 6- Passing of Financial Bill- It contains all the taxation proposals of the government.
Parliament can not demand the imposition of new taxes. Parliament can not demand an
increase in taxation. Parliament can demand a reduction in taxes and the abolition of taxes.
[* This is the exclusive domain of the executive].

• With the passage of the Financial Bill, the entire Budget is passed.

• Problems (07:54 PM)

• Budgets are always guillotined

• Parliamentary committee's (DRSCs) recommendations are never implemented

• These MPs lack the expertise/ skill to scrutinize the Budget.

• Parliamentary efficiency is not sufficient- This expenditure is not linked to Output and
outcome [* These demand for grants are simply "line item budgets"]

• Example- The budget only mentions the amount given to NREGA but it does not mention
what output is created by this amount and what outcome is generated by this amount.
Without knowing this it is impossible to determine the efficiency

• Question:- Individual parliamentarians' role as national lawmakers are on a decline which in

turn has adversely impacted the quality of debates and their outcomes. Discuss (15 marks/
250 words)

The topic for the next class:- Continuation of the Budget and its Analysis.

Summary

Polity Class 23

A BRIEF OVERVIEW OF THE PREVIOUS CLASS (05:00 PM)

FINANCIAL BUSINESS OF THE HOUSE (05:06 PM)

• Article 112 of the constitution has provisions for annual financial statements. It is popularly
known as Budget. The budget provides information about the financial condition of the
government and the country.

• The fiscal policy of the government can be seen in the budget. Fiscal policy includes the
revenue and expenditure policies of the government, both of which can be seen in the
Budget.

• Till 2017, Railway Budget and General Budget were presented separately. Railway Budget
was separated from General Budget in 1924. In 2017, the government decided to merge
Railway Budget with General Budget.

• Different Stages in the Passing of Budget

• 1) Presentation of Budget.

• 2) General Discussion.

• 3) Scrutiny by departmental-related committees.

• 4) Voting on demand for grants.

• 5) Passing of Appropriation Bill.

• 6) Passing of Finance Bill.

• Presentation of Budget

• Formulation of the Budget is under the exclusive domain of the Finance Ministry. It is the
Department of Economic Affairs that is responsible for the formulation of the Economic
Survey and Budget.

• Economic Survey provides information about the present status of the Indian economy. It
also analyzes various economic problems confronting the country and also provides
alternatives to the government. On the other hand, a Budget is a political document that
reflects the policies of the government.

• Budgets are mostly influenced by Short term political populism. They are used by
governments to win elections and retain power for longer periods of time.

• As part of Budgetary reforms, the government had preponed the presentation of the Budget
from 28th February to 1st February. Previously ministries and departments had the freedom
to spend their allocations only for a period of 10 months due to a vote on the Account
budget.

• In order to give complete freedom to ministries and departments to spend finances for all 12
months of the financial year, a Budget presentation has been preponed to the 1st of
February. It will help the government to pass the entire budget before the 31st of March so
that the ministries and departments can spend their monies from the 1st of April

• The finance minister presents the Budget in Lok Sabha, along with the Budget, other
documents are also presented by the Finance Minister including annual Financial statements,
demand for grants, Appropriation Bills, Finance Bills, and other documents mandated under
FRBM legislation. They include Macroeconomic framework statements, Fiscal policy strategy
 statements, Medium term fiscal policy statements, Expenditure Budgets, Revenue Budgets,
Outcome budgets, and so on.

• "Fisc"= Finance [* Fiscal policy- Revenue policy+ expenditure policy]. Fiscal year= Financial
Year.

• Stage of General Discussion (05:35 PM)

• It takes place after the presentation of the Budget. It takes place in both Rajya Sabha and Lok
Sabha. The finance minister at the end of the discussion replies to questions raised by
members on the floor of the house regarding the Budget

• Scrutiny by Departmental Committees

• One of the most important functions of legislature is to fix accountability on the part of the
executive. It was felt that Financial Accountability can be ensured by allowing parliamentary
committees to scrutinize the demand for grants of all ministries and departments.

• In 1993, on the basis of recommendations of the rules committee of Lok Sabha, 17

departmental committees had come into existence.

• In 2004, 7 more committees were added. At present, there are 24 committees. These 24
committees can scrutinize the demand for grants of all ministries and departments.

• Each committee consists of 31 members- 21 from Lok Sabha and 10 From Rajya Sabha.
Members of LS are nominated by the speaker, whereas Members of RS are nominated by the
chairman of Rajya Sabha. A minister is not eligible to become a member. Their term is one
year. Out of 24 committees, 8 work under Rajya Sabha, and 16 work under Lok Sabha.

• Functions:-

• They consider the demand for grants of Ministries and departments before they are
discussed and voted on by Lok Sabha.

• They also consider the annual reports of ministries and departments.

• They will take into consideration long-term policy documents presented to the house.

• They should not take into consideration day to day administration of Ministries and
departments.

• These departmental-related committees are expected to scrutinize the demand for grants
and give their recommendations

• Recommendations are only advisory in nature

• [* Why it came into existence?- Finance is the most important instrument to ensure the
accountability of the executive. So these committees were created so that they can ensure
accountability of the executive to the legislature.]

• Voting on Demand for Grants (05:55 PM)

• At this stage, Lok Sabha takes up demand for grants of various ministries and departments.
Members of Parliaments can move cut motions during this stage.

• There are three different types of cut motions

 • a) Policy cut- Here members are expressing their disapproval of the policy of that particular
ministry. They demand that the amount of money should be reduced to 1 rupee.

• b) Economy Cut- Here the members demand a significant reduction in the amount of money
given to a particular ministry.

• c) Token cut- Here members are expressing their token disapproval of policies and members
demand that the amount of money should be reduced by 100rs.

• Normally this cut motion is not passed as the government always has the majority in Lok
Sabha. If they are passed, it means the Lok Sabha is expressing a lack of confidence in the
government and may lead to the government's resignation.

• The passing of appropriation Bill (06:08 PM)

• According to our parliamentary practices, No money can be withdrawn from the

Consolidated Fund of India except under appropriation made by law.

• Appropriation Bill contains the first charged expenditure and the second, Non-charged
expenditure (Demand for grants).

• In the case of a charged expenditure, parliament can discuss and debate but can not vote.
This is to ensure the independence of constitutional bodies. At this stage, members are not
allowed to move any cut motion.

• The passing of Finance Bill

• It is the last stage in the passing of the Budget. It contains the taxation proposals of the
government.

• Members are allowed to move amendments but they can only ask for the removal of a tax
and a reduction in tax rates. They can not ask imposition of new taxes or an increase in tax
rates.

• Once, Finance Bill is passed, it means the passage of the entire Budget.

• If the Budget is not passed, the Government will have to resign. It requires only a simple
majority. Only Lok Sabha has to pass the Budget.

• Rajya Sabha can discuss and debate but cannot vote on Budgetary proposals.

TYPES OF GRANTS (06:26 PM)

• Supplementary Grants- It is granted by parliament when the money given for a particular
service is insufficient for that particular financial year.

• Additional Grants- It is granted when additional expenditure is incurred for a new service
that is not part of the Budget.

• Excess Grants- It is granted when the government had spent an excessive amount of money
on service than what is mentioned in the Budget. Approval will be given by Lok Sabha after
the end of the Financial year. Before Lok Sabha gives its approval, it must be approved by the
Public accounts committee.
 • Vote of Credit- It is granted for meeting an unexpected demand. The government will not
know the exact amount of money required to overcome the problem. Parliament gives
approval to the executive to spend any amount of money.

• Exceptional Grant- It is granted for a special purpose that is not part of the current service of
any financial year

• Token Grant- It is granted when the executive has no complete information about the money
to be spent on a new service. The executive demands a token amount of 1 rupee for that
particular service and after monies are spent, parliament will give approval.

PARLIAMENTARY COMMITTEES (06:57 PM)

• Why committee?

• LS has 545 members. The parliamentarians neither have the time nor the expertise to make
a detailed scrutiny of the legislative functions. Therefore, they are assisted by a number of
committees.

• Ad-hoc committee- A committee is constituted for a particular purpose. After their purpose
is over the committee will be dissolved.

• JPC- [Pesticides in cold drink, Scam, 2G spectrum scam]- It has members from both LS and
RS.

• Permanent committees- These are divided into two categories- Financial committee and
Non-Financial committee

• Financial committee- Public accounts committee, Estimates committee, DRSCs, Committee

on PSEs.

• Non-financial committee- Overall functioning of the parliament- Ethics committee, Rules

committee, Privileges committee, Business advisory committee, etc

• Public accounts committee

• Oldest committee of our parliament. It came into existence in the 1920s

• It evaluates the performances of ministries and departments.

• It looks into the money given to the ministries and departments and checks whether the
money is spent for that purpose and whether the rules are followed or not.

• It is also called a "mini parliament". It has 22 members- 15 from LS + 7 from RS. The tenure is
1 year. Members are elected through PRS/ STV system.

• CAG evaluates the performance of all the ministries and departments and submits this
report to President.

• PM tables the report to the house and then PAC will take up the report and it evaluates the
performance.

• PAC gets support from CAG. [* CAG acts as friend, philosopher, and guide to PAC]. After
evaluating the performance it submits the report to parliament.

• Estimates Committee
• It came into existence in the 1950s

• It is called a continuous economics committee. It has members only from Lok Sabha.

• It looks into the demand for grants made by the departments and it will suggest measures to
reduce them.

• Why important?- Bureaucrats working in these departments always demand more (*

Bureaucrats= Budget maximizers). The estimates committee scrutinizes the demand and
suggests a reduction.

• Committee on Public sector enterprises.

• It came into existence in 1964.

• It also has 22 members- 15 from LS + 7 from RS.

• They evaluate the performances of PSEs

• Departmental-related committees

• In 1993, parliament felt that there should be more detailed scrutiny of the demand for
grants.

• In 1993, the Rules Committee suggested having more no. of DRSCs

• It scrutinizes the Bills. They perform financial as well as non-financial matters.

• Why committees did not perform well? (07:32 PM)

• The term is only one year- It takes time to understand the functioning of the committee
(Such as on matters related to technical subjects).

• The recommendations are only advisory in nature- Government does not take the
recommendations seriously. Committees also lose interest after some time.

• There are 58 ministries and PACs evaluate an average of 7-8 ministries in a year, thus
parliamentary control over the executive is neither sufficient nor effective.

• Service of CAG is only available to PAC and not available to DRSCs and estimates committee.

• CAG itself does a Post-mortem function.

• Conflict of interest- A member of the committee on PSEs may blackmail the company to sell
them raw materials. Example-Vijay Mallya was elected to the committee on transport,
tourism, and culture and he used this position to benefit his own airlines.

• MPs are the first part of a Political party and then members of a committee, thus, they
usually do not allow negative comments against their political parties (especially ruling
parties). [* In the UK, the members comment against their own political party and they
participate in these committees by raising above their party lines].

• [* In India, democracy runs on party lines and there are no unbiased and impartial functions]

• These committees work in a highly secretive manner i.e in-camera proceedings. [* In the UK
they telecast these proceedings]
 • The government never produces the document required for the committee evaluation. The
government frequently uses the official secrets Act.

• Bureaucrats also do not attend the meetings.

• What should be done? (07:53 PM)

• Government should submit an Action taken report on the recommendations made by the
committees.

• a) Which are accepted

• b) Time period of the implementation

• c) Which ones are rejected and Why?

• The tenure of the committees can be increased to 3 years.

• The service of CAG can be made available to other committees

• Conflict of interest must be taken into consideration while appointing the members.

• The background of the members should be taken into the consideration

• Official Secrets Act should be scrapped

• Committees should be given the power to punish the officers who do not attend after getting
summon

• The live telecast of the proceedings.

• Question:- Do Departmentally related parliamentary standing committees keep the

administration on its toes and inspire reverence for parliamentary control? Evaluate the
working of such committees with suitable examples. (15 marks/ 250 words)

The Topic for the next class:- Analysis of the parliamentary committees.

Summary

Polity Class 24

A BRIEF OVERVIEW OF THE PREVIOUS CLASS: (05:00:00 PM)

• Parliamentary process and functions.

PARLIAMENTARY COMMITTEES: (05:04:00 PM)

• Need for Parliamentary Committees:

• It becomes difficult for the legislature to discuss and debate and finally to decide on the floor
of the House.

• Political considerations usually will not allow Parliamentarians to have an impartial and
unbiased discussion on the floor of the House as they have to support mostly the Opinion of
their respective political parties.
• Delegated legislation has also reduced the contribution of individual members of parliament
to law-making.

• The number of days parliament meets in a year has also come down drastically, leading to a
decline in the contribution by the legislature.

• In order to overcome the above weaknesses and also to make executives accountable to the
legislature, parliamentary committee systems have come into existence.

• Parliamentary Committees can be divided into:

• 1. Standing Committees(Permanent):

• They can be divided into:

• a. Financial Committees

• b. Non-Financial Committees.

• They include Public Account Committees, estimates Committee, Committee on The Public
Sector Undertakings(PSUs)

• Departmental Standing Committees,

• Business Advisory Committee, Committee of Privileges, Ethics Committee, and so on.

• 2. Ad-hoc Committees(Temporary):

• They can be:

• a. Advisory Committees: They include Select or Joint Committees, which are appointed to
give suggestions on the bills.

• b. Inquiry Committees: They are constituted to inquire into and also to report their findings
to the House.

• Based on these reports, the House can recommend actions to the executives.

• Financial Committees:

• Public Accounts Committee:

• It is the oldest Committee of our parliament.

• It has come into existence in 1921, and it is also known as Mini-parliament.

• Its total strength is 22 members(15 from Lok Sabha and 7 from Rajya Sabha)

• By tradition, the Chairman should be from the Opposition party.

• Their tenure is 1 year.

• Members are elected based on proportional representation.

• The speaker nominates the members.

• Its main function is to evaluate the performance of the ministries and departments.

• It examines the report of the CAG(Comptroller and Auditor General of India).

 • Based on the reports submitted by CAG, this committee examines public expenditure not
only from a legal and technical point of view, but more importantly from the perspective of
corruption, inefficiency, propriety, wastage, and diversion of resources.

• It submits its report to the Parliament and the executive is expected to implement the
recommendation made by the Committee.

ESTIMATES COMMITTEE: (05:26:00 PM)

• It was created in 1950.

• Originally it had 25 members, but later in 1956 increased to 30 (All from Lok Sabha).

• Members are elected based on Proportional representation.

• The tenure is 1 year.

• The speaker nominates the members.

• A minister can not be part of the committee.

• If any member is appointed as Minister, he/she should resign from the committee.

• The Chairman of the Committee is also nominated by the Speaker and the Chairman is from
the ruling political party.

• It is also known as Continuous Economy Commitee.

• This Committee will look into the demands for the grants of various ministries and
departments and suggest a reduction in the expenditure.

• This Committee can also suggest alternative policies to the concerned ministries and
departments.

• This committee performs its functions all through the year and gives recommendations that
are only advisory in nature.

• This committee can also suggest how the estimates of the expenditure can be presented to
the parliament.

COMMITTEE ON PSUs(PUBLIC SECTOR UNDERTAKINGS): (05:34:00 PM)

• From 2nd five-year plan onwards the government opted for State led development with
maximum importance given to PSUs.

• Huge amounts of money taxpayer money are invested in these PSUs without any
accountability to the legislature.

• To make sure that these PSUs are accountable to the legislature this committee came into
existence in 1964 based on the recommendation of the Krishna Menon Committee.

• At present this committee has 22 members(15 from LS and 7 from RS)

• This committee examines the performance of various PSUs and recommends measures to
improve their performance.

MAJOR WEAKNESSES OF COMMITTEES: (O5:43:00 PM)

• The recommendations of all these Committees are only advisory in nature.

• It is not mandatory for the executives to implement these recommendations.

• reports of these Committees are not discussed on the floor of the House.

• It becomes difficult for ordinary citizens to know about the performance of these
Committees as their reports are never discussed.

• The term of these Committees is only 1 year and it becomes difficult for members of
parliament who are professional politicians to understand the technical aspects of
governance within such a short period.

• Services of CAG are available only to the PAC but not to other Financial Committees of the
Parliament.

• It reduces their effectiveness.

• Parliament's control over the finances is neither sufficient nor effective.

• Budgets are mostly passed without any discussions or debate (Guillotined).

• CAG performs a job that is post-mortem in nature, that is, it evaluates the performance only
after the money is spent.

• It becomes impossible for the government to recover any losses.

• These Committees, especially, PAC perform their functions based on the report submitted by
the CAG. It reduces the effectiveness of the PAC.

• These Committees can not question the policies of the government.

• They can also not look into the day-to-day administration of ministries and departments.

• On average, PAC evaluates the performance of around 7 to 8 ministries in a year.

• For the same ministry to be evaluated again, it would take at least 7 years!

• The government has mostly lined-item budgets wherein the budgetary document provides
information only about the amount of money to be spent on a particular service. This
expenditure is not linked to either output or outcome.

• It reduces the effectiveness of parliamentary control.

• Conflict of interest is ignored while appointing members to the Committees.

• These Committees also do not have sufficient powers to punish officials who deliberately
skip the meetings of the committees.

• It is also observed that these committees have also been less effective because of the
unwillingness on the part of the executive to share information.

• The executive would mostly take shelter under Official Secretes Act to deny information to
these committees.

• In the case of departmental standing committees, the government has stopped the practice
of sending bills to these committees before they are put to vote on the floor of the House.
SOLUTIONS TO IMPROVE PARLIAMENTARY COMMITTEES: (06:02:00 PM)

• 1. It should be made mandatory for the executives to submit an action-taken report based on
recommendations made by these committees.

• It must include the recommendations which are accepted and implemented, which are
accepted and will be implemented in the future(with time limits), and the recommendation
which is rejected providing sufficient reasons for their rejection.

• 2. Both Houses of Parliament must allocate specific time for discussions of these reports.

• The term of the committee can be extended to at least 3 years.

• 3. Conflict of interest should be taken into consideration while appointing members to these
committees.

• 4. CAG must be allowed to conduct a pre-audit and concurrent audit.

• This concurrent audit can vastly improve the performance of the PAC.

• Services of CAG should be made available to other financial committees of the Parliament.

• 5. As recommended by the 2nd ARC Official Secretes Act should be removed so that these
committees can have complete access to government information.

• 6. Members of these committees can be given training in those specific ministries and
departments so that they can ensure effective control over the executive.

• 7. Article 107, can be amended to make it mandatory for the government to refer all the Bills
to departmental Standing Committees before they are taken up for voting.

• 8. These committees should also be given the power to punish officials for their absence
from the meetings of committees.

• 9. Members of these committees should also raise above selfish political interests and must
work together so that they can retain their credibility in the eyes of the people.

PARLIAMENTARY DEMOCRACY IN INDIA- IMPORTANT FACTS: (06:18:00 PM)

• Our parliament consists of Lok Sabha, Raya Sabha, and the President.

• Articles 79 to 142 in Part V deals with the Parliament.

• Lok Sabha(LS):

• LS constituencies are divided into territorial constituencies and the government makes sure
that the proportion of the population in every constituency will be the same for all the
states. But it does not apply to those states that have less than 6 million population.

• 42nd CAA had frozen the number of seats in the LS till the year 2000, at the 1971 census
level.

• 84th CAA had extended this till 2026.

• Resevration of seats for SCs and STs.

• 104th CAA has extended the reservation of seats for another 10 years in 2020.
 • 104th CAA also has removed the provision of nominating two members from the Ango-
Indian Community to LS.

• This was removed as the government felt that there are not enough numbers of Anglo-
Indians living in the country for them to be nominated.

• According to government statistics, there are only 153 Anglo-Indians.

• Qualifications to become a member of LS:

• A person must be a citizen of India.

• He must be of not less than 25 years of age. (For Rajya Sabha it is 30 years).

• He must also possess other qualifications prescribed by the Parliament.

• Must be registered as an elector for a parliamentary constituency.

• He must be a member of a Scheduled Caste or ST in any state or Union Territory if he wants

to contest for the seats reserved for SCs & STs.

DISQUALIFICATION OF MEMBERS OF PARLIAMENT: (06:58:00 PM)

• Conditions for the disqualification:

• If any member holds an office of profit position under the Union or State government.

• If any member is of unsound mind and declared so by a court.

• If he/she is an undischarged insolvent.

• If he is not a citizen of India or has voluntarily acquired citizenship of any foreign country.

• If he is also disqualified under any law made by the Parliament.

• Under RPA 1951, the parliament has prescribed certain conditions for disqualification:

• a. If the person is found guilty of committing electoral malpractice.

• b. If a person is convicted for any offense that results in imprisonment for two or more years.

• c. If a person fails to lodge his election expenses within the specific time period fixed by the
Election Commission.

• d. If the person has any interest in government contracts, works, or services.

• e. If the person is the Director or an agent or holds an office of profit in any corporation
wherein the government has at least 25% shares.

• f. If the person is dismissed from the government services for corruption or disloyalty to the
State.

• g. If the person is convicted for promoting enmity between different groups or for bribery.

• h. If the person is convicted for preaching or practicing social evils like untouchability, dowry,
and Sati.
 • The decisions related to the disqualification will be taken by the President and His decision is
final but the President must take the opinion of the Election Commission before taking the
decision.

• A member of parliament also vacates his seat under the following circumstances:

• Under RPA, 1951:

• a. If a person is elected to both Houses of Parliament, he must intimate within 10 days in

which House he wants to serve.

• If he does not intimate his seat in Rajya Sabha becomes vacant.

• b. If a sitting member of one House is also elected to the other House, his seat in the first
House becomes vacant.

• c. If a person is elected to two seats in the same House, he should give his preference
otherwise both the seats would become vacant.

• d. A person can not be a member of both Parliament and State legislature at the same time.

• If he is elected to the, his seat in parliament becomes vacant, if he does not resign his seat in
the State legislature within 14 days.

• e. A member can also resign by writing to either Chairman of Rajya Sabha or the Speaker of
the Lok Sabha.

• If the resignation is accepted the seat would fall vacant.

• f. If a member is absent from all meetings of the House for a period of 60 days without the
permission of the House then also the member can be disqualified.

• g. If his election is declared void by the judiciary.

• h. If he is expelled by the House.

• i. If he is elected to the office of President or Vice-President.

• j. If he is appointed as Governor of a state.

IMPORTANCE OF RAJYA SABHA(RS): (07:43:00 PM)

• India has opted for bicameral legislation on ht lines of the British parliamentary democracy.
But Rajya Sabha(Council of States) is more prominent than the House of Lords in the British
parliament.

• RS powers can be defined in the following manner:

• 1. Where RS has equal powers with LS.

• 2. Where RS has unequal powers with LS.

• 3. Where RS has Special Powers that LS does not have.

• 1. Where RS has equal powers with LS:

• a. Introduction and passage of ordinary Bills.

 • b. Election and impeachment of the president.

• c. Election and removal of the Vice-president.

• Only RS can initiate the process of impeachment of the Vice-Presindent.

• The resolution for the same has to be passed by RS with the effective majority and by LS with
a simple majority.

• d. Approval of ordinances issued by the President.

• e. Introduction and passage of Constitution Amendment Bills.

• f. Appraval of all types of emergencies.

• g. Selection of the ministers in the council of ministers including the Prime minister.

• h. Consideration of reports of constitutional bodies like the Finance Commission, UPSC, and
CAG.

• i. Expanding the jurisdiction of the Supreme Court and UPSC.

TOPICS FOR THE NEXT CLASS: Continuation importance of Rajya Sabha.

Summary

Polity Class 25

A BRIEF OVERVIEW OF THE PREVIOUS CLASS and Q&A SESSION (05:00 PM)

POWERS OF RAJYA SABHA (05:04 PM)

RAJYA SABHA HAS UNEQUAL POWERS COMPARED TO LOK SABHA

• Money Bill can be introduced only in Lok Sabha

• Rajya Sabha can not amend or reject Money Bill. Rajya Sabha can keep Money Bill with itself
for a period of 14 days, After that it is deemed to be passed by Rajya Sabha

• Lok Sabha can either accept or Reject the suggestions made by Rajya Sabha regarding Money
Bill.

• Confidence motion and No-confidence motion can be moved only in Lok Sabha.

• Survival of government depends only on its majority in Lok Sabha.

• The power to decide whether a Bill is a money Bill or not is exclusive to the speaker of Lok
Sabha.

• Joint session of both houses is presided over by the speaker of the Lok Sabha.

• Rajya Sabha can discuss the budget but can not vote on it.

• Resolutions for discontinuance of emergency can be passed only by Lok Sabha and not by
Rajya Sabha.

• Even if a Bill is not passed by Rajya Sabha, it does not result in the fall of the government.
RAJYA SABHA HAS SPECIAL POWERS (05:15 PM)

• Only Rajya Sabha can authorize Parliament to make a law for subjects in the state list under
Article 249.

• New All India Services can be created only after Rajy Sabha gives its approval (Article 312 of
the constitution).

• Rajya Sabha can alone initiate the motion for the removal of the Vice President.

• If the president issues a notification for the proclamation of a national emergency (Article
352) or President's rule (Article 356) or Financial emergency (Article 360) and Lok sabha is
dissolved before it gives approval, Rajya Sabha has to approve the same.

• Rajya Sabha has more powers and responsibilities in comparison to the House of Lords.
Our constitutional makers have opted for a bicameral legislature for the following reasons

• a) Lok Sabha consists of members directly elected by the people and they can take decisions
with a short-term political perspective. It can result in political populism. Rajya Sabha is a
permanent house need not be influenced by short-term political considerations. It can
ensure proper checks and balances over the functioning of the Lok Sabha

• b) Rajya Sabha is also known as the Council of States. In our federal polity, the Rajya Sabha is
expected to protect the interest of states. Our constitutional makers have given more powers
to Rajya Sabha in this regard (Article 249, Article 312).

• c) It is not possible for eminent personalities to get themselves elected through Lok Sabha as
they do not have the necessary resources. They can become part of the law-making process
through Rajya Sabha.

• d) If a charismatic person becomes the leader of the country, Legislature can easily become
an extension of the executive. Rajya Sabha can prevent the dictatorship of the executive as it
becomes difficult for any government to have a majority in Rajya Sabha also.

PASSING OF BILLS (05:30 PM)

• Rajya Sabha is a permanent house whereas Lok Sabha is automatically dissolved after the
expiry of 5 years.

• When Lok sabha is dissolved all the Bills, motions, resolutions, and notices would
automatically lapse. They should be re-introduced in the next Lok Sabha

• In the case of Lapsing of Bills, the following procedure is followed

• a) A Bill pending in Lok sabha lapses with the dissolution of the house whether it has
originated in Lok Sabha or transmitted to it by Rajya Sabha

• b) A Bill passed by Lok Sabha but pending in Rajya Sabha lapses

• c) A Bill not passed by both houses due to disagreement and the president has called for a
Joint session before the dissolution of Lok Sabha, does not lapse.

• d) A Bill pending in the Rajya Sabha but it is not been passed by Lok Sabha, does not lapse.

• e) A Bill is passed by both houses and it is pending with the president for his approval, and
does not lapse.
 • f) A Bill passed by both houses but returned to parliament by President, does not lapse.

JOINT SESSION OF PARLIAMENT (05:42 PM)

• If the Bill is rejected by another house.

• If there is a disagreement among both houses regarding amendments to the Bill.

• If six months have lapsed without the other house passing the Bill.

• The joint session is applicable only to ordinary Bills or Financial Bills and not to Money Bills
and Constitutional Amendment Bills

• [* Why?- In the case of money Bill only LS has exclusive powers. In the case of Constitutional
Amendment Bills, it has to be passed by both houses independently. It was to ensure that LS
does not enjoy overriding power over the RS ]

• In case of disagreements, a joint session is held. If the Bill has lapsed due to the dissolution
of the Lok Sabha, No joint session can be held.

• The speaker of Lok Sabha presides over the joint session of both houses. In absence of the
Speaker, it is the deputy speaker of LS who presides over the joint session. In case the deputy
speaker is not there, then the deputy chairman of RS presides over the Joint session. In case
the deputy chairman is not there, any member of LS or RS can preside over the joint session.

• Since 1950, the country has witnessed joint sessions only for 3 situations- the Dowry
Prohibition Bill of the 1960s, the Banking services commission Bill of 1977, and the
Prevention of Terrorism Bill of 2002 (POTA).

TYPES OF MAJORITIES (05:53 PM)

• Absolute Majority- It means a majority of more than 50% of the total membership of the
house. [50% of 545= 273]. An absolute majority is needed in the case of Bills which are part
of the Type III amendment of the Constitution.

• The effective majority- It means more than 50% of the effective strength of the house. For
example- if the effective strength of LS is 535 due to resignations, Disqualifications, and
Death (Vacancies). The majority required is only 268. It is required in case of removal of the
Vice President, Removal of the speaker, and the deputy speaker.

• Simple majority- 50% of the members present and voting. For example- the total strength of
LS is 545 and only 455 members are present and voting then the majority required is 228. It
is needed to pass ordinary Bills, To pass confidence and No-confidence motion, Adjournment
motion, Censure motion, declares a financial emergency, & impose article 356 and for
elections of the speaker and Deputy Speaker.

• Special majority-

• a) Special majority Type I- As per article 249- It requires 2/3rd of members present and vote.
Under this, it requires only a majority of 2/3rd members present and vote. The total strength
of RS is 245 and if 150 members are present then the majority will be 101. It is to empower
parliament to make laws for subjects in the state list.

• b) Special Majority Type II- Special majority as per Article 368- It requires 2/3rd members
present and voting which should not be less than the absolute majority. For example- The
 total strength of RS is 245, the Absolute majority is 123, and if 150 members are present and
voting then 123 members must vote in favour.

• It is needed to pass a constitutional amendment that does not affect federalism, Removal of
judges of SC and HC, Removal of chief election commissioner and CAG, and Approval of
national emergency in both houses.

• It is also required while passing a Resolution by the state legislature for the creation and
abolition of state legislative councils (Article 169).

• c) Special majority Type III- As per Article 368 + ratification by the states- The Bills have to be
passed by both houses of the parliament with a special majority which is not less than the
Absolute majority but it should be approved by more than 50% of the state legislative
assembly with a simple majority.

• For example- NJAC Bill was passed by parliament as well as more than 50% of the state
legislative assembly, GST Bill was also passed by more than 50% of the state assembly.

FUNCTIONING OF THE PARLIAMENT (07:11 PM)

• Quorum- The minimum no. of members required to be present in the house for the house to
transact any business. It is 1/10th of the total membership of the house for Lok Sabha it is a
minimum of 55 members and for RS it is a minimum of 25 members. If the quorum is not
there then the presiding officer has to suspend the proceedings of the house.

• It is the president of India who summons the house from time to time. The maximum gap
between 2 sessions of the parliament can not be more than 6 months. It means Parliament
has to meet at least twice in a year.

• Normally there are three sessions of our parliament- Budget session, Monsoon session, and
Winter session.

• The budget session starts in the last week of January and ends at end of March. The
monsoon session is from July to September. The winter session is from November to
December.

• Adjournment- It means the house functioning is terminated for that particular day.

• Adjournment-sine-die- It means that the house is adjourned for an indefinite period of

time.

• Prorogation- When the house is adjourned-sine-die by the speaker after completing the
business of the session, the president would issue a notification for the prorogation of the
session. If the house has to meet again the president has to issue a fresh notification.

• Dissolution of the house- After 5 years the house gets automatically dissolved. From the
first day of the meeting, the 5 years are counted. President can dissolve the house if he is
convinced that no political party is in a position to form the government in the existing Lok
Sabha.

MOTIONS IN THE PARLIAMENT (07:27 PM)

 • No discussion on a matter of urgent public importance can take place without a motion
moved on the floor of the house with the consent of the presiding officer of the house.
There are three different types of motion

• a) Substantive motion- It is a self-contained independent proposal dealing with a very

significant matter like the removal of the president or other constitutional bodies.

• b) Substitute motion- As the name itself indicates it is moved as a substitution to an original

motion. It proposes an alternative to the original policy.

• c) Subsidiary motion- It is moved as an extension of the original motion. It can make

amendments to the original motion.

• Privilege motion- It is concerned with the breach of privileges by a minister.

• Adjournment Motion- It is moved to discuss a matter of urgent public importance. It needs a

minimum of 50 members for it to be admitted. It can not be introduced in Rajya Sabha
because this motion can fix accountability on the part of the Council of Ministers. This
motion is followed by the reply of the concerned minister and opposition parties can
demand voting at the end of the discussion. If it is passed, the government need not resign.

• No-confidence motion-

• Under Article 75, the Council of Ministers headed by the PM is collectively responsible to the
Lok Sabha. The Lok sabha can express a lack of confidence in the ability of the Council of
Ministers by passing a No-confidence motion.

• It is not part of the constitution and it is part of parliamentary procedures. It requires the
support of at least 50 members for it to be introduced on the floor of the house. Once it is
admitted, the house will suspend normal business and will take up the No-confidence
motion. If it is passed the government will have to resign.

• Members do not have to give any reasons for the introduction of a No-confidence Motion.

• [* The time gap between two No-confidence motions is six months]

• Confidence motion-

• It has become part of parliamentary procedures in recent times, especially with the advent
of minority and coalition governments.

• The president will direct the Prime Minister to move the confidence motion on the floor of
the house. If it is not passed then the government will have to resign.

• Censure motion

• It is moved against individual ministers or groups of ministers or against the entire CoM.

• It follows the same procedure as the No-confidence motion. The members will have to state
the reasons for its adoption in Lok Sabha.

• If it is passed, the CoM need not resign.

MONEY BILL (07:50 PM)

 • Article 110 deals with Money Bills. It is the speaker of Lok sabha who certifies a particular Bill
as a Money Bill.

• This Money Bill can be introduced only in Lok Sabha after the recommendation of the
President.

• Once the Money Bill is passed the president shall give his/her approval i.e. the president can
not use his/her veto powers.

• The role of the Rajya Sabha is limited. It can not reject or amend the money Bill. It can only
make recommendations.

• Lok sabha can either accept or reject those recommendations. Rajya Sabha can keep the
Money Bill with itself for a period of 14 days. After that, it is deemed to be passed by Rajya
Sabha.

• If Lok Sabha accepts recommendations made by Rajya Sabha, they will be included in the
Money Bill. But the Bill will not go back to Rajya Sabha.

• Question:- Analyze the reasons for the declining standards of our parliamentary democracy
and suggest solutions. (250 words/ 15 marks)

The topic for the next class:- Financial Bill and President.

Summary

Polity Class 26

A BRIEF OVERVIEW OF THE PREVIOUS CLASS AND STRATEGY SESSION (05:00 PM)

FINANCIAL BILL (05:23 PM)

• Financial Bill category I

• It contains not only any or all matters mentioned in Article 110 but also other matters of
general legislation

• Financial Bill is similar to a money Bill in the following aspects

• a) It can be introduced only in Lok Sabha but not in Rajya Sabha

• b) Both of them can be introduced only on the basis of the recommendation of the
president.

• In all other matters, it is governed by the same legislative procedures applicable to an

ordinary Bill. It means that it can be either rejected or amended by Rajya Sabha. In the case
of disagreement, the President can call for a Joint session.

• After the Bill is passed by both houses of parliament, the president can either give his
approval, he can return the Bill to the parliament for reconsideration or can withhold his
consent.

• Financial Bill Category II

 • It contains provisions involving expenditure from the consolidated fund of India but does not
include any of the matters mentioned in Article 110.

• It is treated as an ordinary Bill. It follows the same legislative procedure

• It is different from an ordinary Bill in that it can only be introduced in either house of the
parliament and the recommendation of the president is not necessary for its introduction
but his recommendation is necessary for its consideration.

PRESIDENT OF INDIA (05:54 PM)

• Why should we have the President/ Need for the office of the president?

• We need the office of the president to ensure constitutionalism.

• To ensure that there are limited government, checks & balances over the functioning of
parliament, and the absence of an authoritarian government.

• To ensure Essential separation of power.

• The judiciary role is only post-mortem, so President can act as custodian of

constitutionalism.

• President has discretionary powers such as selecting the PM when there is no clear majority
(Hung Lok Sabha), He can dismiss the PM once the CoM loses the confidence of the Lok
Sabha.

• Articles related to President

• Article 74 of the Indian constitution

• There shall be a Council of Ministers with the Prime Minister at the head to aid and advise
the President who shall, in the exercise of his functions, act in accordance with such advice.

• Article 75 of the Indian constitution

• The Prime Minister shall be appointed by the President and the other Ministers shall be
appointed by the President on the advice of the Prime Minister

• The Minister shall hold office at the pleasure of the President.

• The Council of Ministers shall be collectively responsible to the House of the People.

• Veto powers of the President

• Absolute Veto-

• The president can reject the Bill or withdraw his assent in the case of Private member Bills.

• The president can reject the Bill or withdraw his assent for the Bills reserved by the state's
governor for the president's approval.

• Suspensive Veto

• It became the presidential power after the 44th CAA.

 • In the 42nd CAA, the powers of the President were drastically reduced. Before the 42nd CAA,
the president MAY abide by the advice of the CoM [* MAY means the President may not give
the assent].

• Through the 42nd CAA, the MAY word was replaced with SHALL. The discretionary powers of
the President were taken away.

• In 1977, the Janta party came to power, and the 44th CAA was introduced. The president can
send back the Bill for reconsideration to the Parliament. If the Bill is passed again with or
without any modification the president SHALL give his assent.

• Pocket veto

• There is no time limit for the President of India to pass the Bills.

• Why there was no time limit?

• President of India is the highest constitutional dignitary and no one is above the president,
so the time limit was not prescribed for giving assent to the Bills.

• President of India can discuss the contents of the Bill, he can take the advice of the experts,
and this act as checks and balances.

• Article 77 of the Indian constitution

• All executive action of the Government of India shall be taken in the President's name.

• The President shall make rules for the more convenient transaction of the business of the
Government of India and for the allocation among Ministers of the said business.

ROLE OF THE PRESIDENT OF INDIA IN HOLDING CONSTITUTIONALISM

• Dr. Rajendra Prasad (1952-62)

• Dr Rajendra Prasad became President amongst the differences between J L Nehru and Sardar
Patel.

• Dr Rajendra Prasad wanted to know the exact powers of the president of India. In a reply
given by the Attorney General of India, it was stated that President's post is similar to the
British Queen except that India is a republic.

• Dr Rajendra Prasad holds reservations against the Hindu Code Bill. President asked why the
Bill is introduced only to reform the Hindu society and why there is no Uniform civil code.
Finally, the Bill was passed.

• Used pocket Veto in case of PEPSU Bill.

• Dr Sarvapalli Radhakrishnan (1962-67)

• He is also known as Philosopher's president.

• India was defeated in the Indo-china war. A committee was constituted to look at lapses
during the war headed by Henderson Brooks.

• Dr Radhakrishnan wanted a copy of the committee. His argument was that President is the
supreme commander of the armed forces and thus it is the duty of the Government to
submit the report to the President.
 • He wanted the resignation of the Defense minister after the Indo-china war as Accountability
is the essence of constitutional governance. President wanted to use Article 75 and withdraw
the pleasure from the Individual minister (Creating a constitutional crisis).

• In 1967- Elections occurred for the President's seat, Opposition party came to power.
Opposition selected the Subbarao as their candidate. He was famous for Golaknath
Judgment. Congress party nominated Zakir Hussain.

• Zakir Hussain won the election. But he died in office (1969).

• 1969- Elections again happened as the former president died in office (Zakir Hussain)

• By this time Congress was divided into two factions- Congress (O) and Congress (R).

• For the first time, the Electoral College of the President became important.

ELECTION OF PRESIDENT (07:17 PM)

• Proportional representation system by single transferrable vote (PRS/ STV)

• Here one needs to get more than 50% of the votes polled to win the election.

• Electoral College of the President

• a) Elected members of the Parliament

• b) Elected members of the state legislative assemblies

• c) Elected members of the UTs with the legislature

• In PRS STV methods, a candidate has to give his/ her preferences

• Then the votes are counted and if one candidate got more than 50% then he/she will win.

• In case no one got more than 50%, then the candidate with the least percentage of votes
polled will be eliminated. The candidate's second preference will be counted and the votes
will be transferred to the other candidates.

• Again the votes will be counted and if one candidate got more than 50% then he/ she will
win.

• During the 1969 election, in the first round of counting no one got the majority of votes. In
the second round, V V Giri won the election.

• During the election of the President, the party office can not issue a whip. This provision of
the constitution was used by Indira Gandhi as she asked all the members to use their
conscience in the voting.

• V. V. Giri (1969-74)

• Abolition of Privy purses- Bill was rejected then the ordinance was promulgated under Article
123 of the constitution. [* Indira Gandhi's argument was that privy purses are against the
spirit of socialism].

• [* Maximum amount of life of the ordinance is Six months six weeks and these can be
introduced only when one or both the houses are not in session]

• This ordinance was given approval by V V Giri as by this time Politicization of office started.
• The ordinance for the Nationalization of PSBs was also given approval.

• The ordinance for Private trade in food grains was also given approval.

• The era of politicization of the president began + the Parliamentary form of government +
Ordinance raj started.

• Fakhruddin Ali Ahmad (1974-1977)

• Two presidents died in office- Zakir Hussain and Fakhruddin Ali Ahmad

• 1974- Indira Gandhi's government also was facing many challenges. A railway strike was
going on which crippled the economy. J P Narayanan started the Anti-Corruption movement.
Because of this Anti-corruption movement, the Gujarat government lost power.

• 12th June 1975- Allabhad HC gave a judgment that disqualified Indira Gandhi.

• 25th June 1975- Declaration of National Emergency. The decision was not taken without the
consultation of the cabinet ministers.

• The role of the President was questioned

• President did not verify whether the decision to impose an emergency has the approval of
CoM.

• The president must check that there are inherent checks and balances- The president failed
to ensure this.

• The role of the President was questioned as the President did not verify the approval of the
cabinet. The term 'Rubber Stamp' became popular.

• This started the Prime ministerial form of government and the Politicization of the office of
the President started.

• Why Rubber Stamp? / Politicization of the office of the President

• President Fakruddin Ali Ahmad did not apply his mind during the imposition of the
Emergency.

• 39th CAA- office of president, PM, and Speaker was beyond judicial review. It was also kept
in the IXth schedule.

• 42nd CAA- Article 74- The word 'may' was replaced by 'Shall'- for giving Assent. It took the
independence of the office of the president.

• President not following the conventions when the seat of the PM was vacant after the death
of PM Indira Gandhi.

• President of India showing dedication towards the PM.

• Neelam Sanjeev Reddy (1977-1982)

• 1979- Janta party lost power. Split in Janta party. Charan Singh became PM with the support
of Congress. Charan Singh was given one month's time to prove the majority.

• Within 25 days congress party withdrew support. Charan Singh was dismissed by the
president as he refused to resign after losing the confidence of the house. [* Discretionary
 power of the president] [* Charan Singh was the only PM who did not see the parliament
once]

• There is no scope for presidential rules at the centre.

• 1980- Indira Gandhi returned to power.

• Article 356 was used to dismiss the state governments in 5 states- President did not use
discretionary powers [* Evidence of politicization]

• Giani Zail Singh (1982-1987)

• Indira Gandhi envisaged the idea of a Committed president.

• 1984- Indira Gandhi was assassinated by a Sikh bodyguard for "Operation Bluestar"

• Convention was- Parliamentary party in LS must meet and select the PM, till then the
seniormost member used to be PM [* Example- Gulzari Lal Nanda became PM after Nehru's
death, and after Lal Bahadur Shastri's death]

• After Indira Gandhi's death President invited Rajeev Gandhi to become the PM.

• 1984- Anti-Sikh riots happened in Delhi.

• Giani Zail Singh requested the PM to take action. The inaction by the PM led to the
deterioration of relations between the PM and PoI.

• 1985-Elections held to LS and Rajiv Gandhi returned back to power with Absolute Majority.

• 1985-87= serious conflict between the PM and President of India.

• Question- Discuss the Veto powers of the President of India with relevant examples. (10
marks/ 150 words)

The topic for the next class:- Events after 1987 in the history of the office of the President.

Summary

Polity Class 27

A BRIEF OVERVIEW OF THE PREVIOUS CLASS (05:00 PM)

PRESIDENT- HOW THEY UPHELD CONSTITUTIONALISM (05:02 PM)

• Giani Zail Singh

• President wanted to use Article 75 (PM along with CoM enjoys the pleasure of President) to
dismiss the PM, Although President did not use this. All India Radio came out with the news
of the President withdrawing the pleasure from the Council of Ministers.

• 1987- Swiss Radio came out with an allegation- Bofors company paid the bribe for defense
contracts.

• President Giani Zail Singh used the Pocket veto formally on the Postal Bill brought by the
government.
• Venkatraman (1987-1992)- Era of Activist Presidents

• He also used the Pocket veto on the postal Bill. This started the Era of activism by the
President

• President using his discretionary powers to ensure constitunailism

• 1989- V P Singh became PM and requested the President to Reject the Postal Bill.
Venkatraman rejected the Bill.

• 1989- For the first time, parliament faced the situation of the Hung parliament. Congress
party emerged as the largest party, followed by Janta Dal, and BJP

• In 1989, President Venkatraman came up with a convention that- If there is a Hung

parliament, then the president should invite the leader of the single largest party to form the
government.

• President Ventkatraman asked all the political parties to form a National Government-
During the 1990s crisis (Increasing communalism, caste-based politics, and Economic crisis)

• 1991- President Venkatraman(1987-92) proposed to form a national government but it was

not accepted by the political parties

• 1991- LS elections were held, and T N Seshan introduced phase-wise elections. It was held in
three phases and elections were held in a single day.

• Congress party emerged as the single largest party but they did not have a majority in LS

• 1990- Parliament passed a Bill to increase the salaries and allowances of MPs. Venkatraman
Rejected this Money Bill as prior approval was not taken

• Venkatraman invited the single largest party to form the government

• Congress party elected P V Narasimha Rao for the post of PM (1991-96).

• President Venkatraman said " The POI office is like an Emergency Lamp. It comes on
automatically when there is a crisis and goes off automatically when the crisis passes"-
President of India should be a Nominal executive when there is a normal situation. And the
president should become active when there is an emergency situation.

• Shankar Dayal Sharma (1992-1997)

• 1996- Elections held in LS- BJP emerged as the single largest party and he invited the single
largest party in LS.

• Atal Bihari Vajpayee formed the government with outside support.

• BJP did not get the majority because of the 1991 Babri masjid demolition. The new coalition
was formed under H D Deve Gowda.

• I K Gujral followed H D Deve Gowda as PM.

• I K Gujral gave the Gujral doctrine. It is related to international relations. As per this, India
being the largest country in South Asia relations should not expect reciprocity from the small
neighbouring countries.

• K R Naryanan (1997-2002)
• He was called an activist President

• 1997- United Front government was in power. They recommended dismissing the UP
government under Article 356 on grounds of the Breakdown of constitutional machinery. [*
Definition of the breakdown of constitutional machinery is not defined clearly]

• K R Narayanan sent back the Bill for reconsideration of the Bill (Suspensive Veto)- he said
there is no breakdown of constitutional machinery. The government did not proceed with
the Bill.

• K R Narayanan acted in an impartial manner.

• 1998- Elections held for LS (1989, 1991, 1996, 1997- 4 times elections held in a period of 9
years- an Era of political instability)

• K R Narayan discontinued the convention set by President Venkatraman. He came out with a
new convention. He said that any political party that wants to hold the highest position must
come out with letters of support from 273 MPs.

• Atal Behari Vajpayee formed the Government. Jayalalithaa withdrew support from the
Government. The government survived with the support of BSP

• Vajpayee government was defeated because of one vote after 13 months [* CM of Orissa
being a member of LS was occupying the constitutional post in the State i.e. CM of Orissa-
This was Legal but immoral]

• 1999- Elections were held for LS and Vajpayee government came to power with the support
of DMK.

• 1999- Vajpayee government wanted to use Article 356 in Bihar to dismiss the government on
the grounds of Corruption.

• K R Narayanan sent back the recommendation and stated that corruption is not a ground to
impose Article 356. But that Bill was sent again for the assent and K R Narayanan gave his
assent.

• 2002- Godhra riots and K R Narayanan asked the PM to take action.

• K R Narayanan asked the Government to mention the steps taken to protect the interest of
minorities.

• A P J Abdul Kalam (2002-2007)- People's President

• 2004- elections were held- UPA came to power. BJP became the second-largest party.

• He followed the conventions set by K R Narayanan i.e. asking the letters of support from 273
MPs.

• K R Narayanan, Dr A P J Abdul Kalam, and Pratibha Patil- All were against capital Punishment.
They sat on mercy petitions.

• ISSUE 01

• 2006- President also faced the issue of the Office of Profit Bill,
• Office of Profit- The executive can be a part of the legislature but the legislature can not be
part of the executive except CoM. They have to be completely independent of the executive.
The legislature can not hold the office of profit. The only salary can be the salary one is
getting for being MP.

• Any Members of parliament or State legislative members occupying the office will be
disqualified under RPA.

• They should not hold any position in the government which gives them a salary or other
benefits.

• In 1990- V P Singh's government-appointed Ramkrishna Hedge as the planning commission

deputy chairman. Election commission disqualified him as a Member of RS]

• In 2005- Jaya Bachchan was appointed as chairperson of UPFDC being an RS member. She
was disqualified as an RS member.

• Sonia Gandhi was holding the position of NAC (National advisory council). Sonia Gandhi
resigned as a Member of the LS.

• Election Commission was flooded with the Office of Profit complaints.

• Parliament passed the Office of Profit Bill, It exempted some of the offices from the
definition of office of Profit and it was applied from retrospective effect.

• Bill was passed by both houses and it was sent for assent to President. Dr A P J Abdul Kalam
sent back the Bill for reconsideration as the Bill exempted the offices from retrospective
effect.

• All the political leaders met with the president and finally President agreed to give his
assent.

• ISSUE 02

• 2005- Elections were held to Bihar assembly- Hung assembly.

• The government recommended for President's rule in Bihar. President gave his assent.

• SC in the Bihar assembly dissolution case, found fault in the imposition of the President's
rule and asked for "extreme caution" before imposing Article 356.

• President wanted to resign but then agreed to remain in that position.

• Pratibha Patil (2007-12)

• The main issue was presidential discretionary powers.

• 2001- parliamentary attacks, 2008- Mumbai Attacks- many convicts got capital punishment
but President sat over the mercy petitions and did not take action.

• India was criticized as a "SOFT STATE"

• SC intervened and said that "Inordinate delay in deciding mercy petitions will be considered
as a valid ground to convert the death penalty into the lifetime imprisonment"

• Pranav Mukherjee (2012-2017)

 • He was a constitutional expert and again the term Activist president became popular.

• In 2013, SC in the Lily Thomas case, stated that MPs when disqualified under the RPA and
conviction is for 2 years then the MPs will be disqualified for 6 years but this disqualification
can be stayed if the MP gets a stay from the higher court within 3 months. SC in this case
removed the 3 months period.

• The government brought the ordinance to nullify this judgment.

• President was not happy with this ordinance, he argued to bring this as Bill in parliament. He
stated that such an important issue can not be brought about, through an ordinance.

• In 2014- BJP came to power. BJP did not have a majority in RS. The government came up with
the Land Acquisition Bill but the BJP did not have a majority in RS so it was brought through
ordinance.

• President gave his assent to the Ordinance for 3 times but refused to give his assent for
further re-promulgation of the same ordinance. His argument was that such an important
issue can not be brought through an ordinance.

SOME IMPORTANT FACTS RELATED TO PRESIDENT FOR PRELIMS (06:58 PM)

• The office of the president of India had come into existence to ensure constitutionalism. Our
constitution makers felt that there must be proper checks and balances to prevent the
dictatorship of the Prime minister.

• The role of the judiciary is post-mortem in nature i.e. judiciary can come into the picture only
after laws are made and implemented whereas the president of India can be proactive in
ensuring constitutional governance.

• Constitutional makers have opted for indirect elections to the office of the President of India
as the PM is directly elected by the people. They also have opted for different voting systems
for the office of the president of India. They have opted for proportional representation on
the basis of a single transferable vote.

• Articles 52- 78 deal with the office of the President of India in part V of our constitution.

• The union executive consists of the President, PM, COM, and Attorney General of India.

• The president of India is elected by an electoral college, which consists of

• a) Elected members of both Houses of Parliament.

• b) Elected members of state legislative assemblies.

• c) Elected members of legislative assemblies of the Union territories of Delhi and

Puducherry.

• Nominated members of Parliament and state legislative assemblies can not participate in the
election of the President.

• If an assembly is dissolved, the members can not vote in the Presidential election.

• The president is elected in such a manner to ensure uniformity in the representation of state
and union government.
• The value of an MLA is decided in the following manner

•
• Qualifications for the office of president

• a) He/she should be a citizen of India

• b) He/she must be above 35 year

• c) He/she should be qualified for the election as a member of the Lok Sabha

• d) He/she should not hold any office of profit

• e) A candidate must be supported by at least 50 electors as proposers and 50 electors as

seconders.

• Impeachment of the president

• The president can be removed by the process of impeachment only for violating the
Constitution. But our constitutional makers did not define a violation of the constitution.

• Process of Impeachment

• a) Charges to impeach the president can be initiated by either house of parliament

• b) It should be signed by 1/4th of the members of the house

• c) The president should be given 14 days' notice

• d) The house must pass the resolution by 2/3rd of the total membership of the house.

• e) The resolution will be sent to the other house to investigate the charges

• f) The president has the right to appear and be represented in the other house during the
investigation.
 • g) If the other house also accepts the charges and passes the resolution with a 2/3rd
majority of the total membership of the house, the President stands impeached.

• The nominated members of both the house can participate in the impeachment process.

• Elected members of legislative assemblies of state and of UTs can not participate in the
impeachment process.

• No president has been impeached till now.

• Impeachment of the President is a Quasi-judicial process

ORDINANCE-MAKING POWER OF THE PRESIDENT (07:33 PM)

• Our parliament does not meet all through the year whereas governance is a continuous
activity. In order to give flexibility to the executive in matters of governance, ordinances can
be issued when parliament is not in session.

• Article 123 of our constitution empowers the president to issue ordinances. It is part of the
legislative powers of the president.

• The president can issue ordinances when both houses of the parliament are not in session or
either house of parliament is not in session. These ordinances have the same force and effect
as an Act of Parliament but they are only temporary in nature.

• They have to be passed within a period of six months or within a period of six weeks after
the commencement of the house.

• The same ordinance be re-promulgated by the president for any number of times

• In Cooper's case, 1970, SC ruled that presidential satisfaction can be questioned in a court of
law on Malafide grounds. It means that an ordinance issued by the president can be
questioned in a court of law on the basis of the intentions.

• An ordinance can be issued only on those subjects on which the parliament can make laws.

• An ordinance can not be issued to abridge or to take away any other FRs

• The president can withdraw the ordinance at any point in time.

• An ordinance can be retrospective in nature and also

• SC in D C Wadhwa case, 1987 has criticized severely the tendency of central and state
governments to issue ordinances

• Since the 1970s the country had witnessed "Ordinance Raj". Ruling political parties at the
centre did not have a majority to get the Bills passed in Rajya Sabha. They took the route of
Ordinances to overcome legislative scrutiny.

• Between 1967 and 1981, the same ordinance was re-promulgated in states like Bihar. 256
ordinances were re-promulgated during this period and in some cases it was re-promulgated
for more than 14 years.

• SC ruled that ordinances should be issued only under exceptional circumstances and can not
be a substitute for legislation. It also ruled that it can strike down the Re-promulgation of
ordinances if they are re-promulgated to avoid legislative scrutiny.
PARDONING POWERS OF THE PRESIDENT (07:54 PM)

• The president of India also has Pardoning powers

• Article 62 of the constitution empowers the President of India to grant pardons in the
following cases

• a) Punishment or sentence is for an offence against a union law

• b) Punishment or sentence is by Military court. The sentence is a death sentence

• The President has the following pardoning powers.

• Question:- Comment on the ordinance-making power of the President of India. Also, discuss
the various safeguards which can help to prevent possible misuse of such power. (10 marks/
150 words)

The topic for the next class:- Pardoning powers of the President and Vice President.

Summary

Polity Class 28

A BRIEF OVERVIEW OF THE PREVIOUS CLASS AND Q&A SESSION (05:00 PM)

PARDONING POWERS OF THE PRESIDENT (05:16 PM)

• Pardon- Here the president has the power to pardon both the sentence as well as conviction.
The person is completely absolved from all sentences, punishments, and disqualifications.

• Commutation- Here the President substitutes one form of the sentence with a lighter
sentence. For example- The death sentence can be commuted to life imprisonment. Rigorous
imprisonment can be converted to simple imprisonment.

• Remission- It means reducing the period of a sentence without changing the character of the
sentence. For example- Imprisonment of 14 years can be converted to 10 years

• Respite- It means awarding a lesser sentence in place of the original sentence due to special
circumstances like old age, physical disabilities, pregnant women, and so on.

• Reprieve- It means giving a stay on a sentence for a temporary period of time so that the
convict can seek either pardon or commutation from the president.

• Pardoning powers- President v/s Governor

• President of India has more power than the governor of a state. The president can pardon
sentences awarded by the military court also while the governor cannot.

• The president can pardon a death sentence while the governor cannot but the governor can
Suspend, Remit, or Commute a death sentence.

• The exercise of the power by the president is not subject to judicial review except when the
presidential decision is arbitrary, irrational, malafide, and discriminatory.

VICE PRESIDENT (05:35 PM)

 • Elections

• Electoral College consists of both elected and nominated members of parliament.

• It does not include members of state legislative assemblies

• Qualifications

• a) Citizen of India

• b) Above 35 years old

• c) He should be qualified to be a member of the RS.

• d) He should not hold any office of profit.

• Nomination papers have to be signed by 20 electors and supported by 20 seconders.

• Conditions

• He should not be a member of either House of Parliament or the state legislature.

• He should not hold any office of profit.

• The term is 5 years

• Functions of Vice President

• He acts as an ex-officio chairman of the Rajya Sabha

• He acts as a president when a vacancy occurs in the office of the president.

• Since independence, two vice presidents have been re-nominated i.e., Dr Sarvpalli
Radhakrishnan, and Hamid Ansari.

• Since Independence, Five vice presidents have become presidents i.e. Dr. Sarvapalli
Radhakrishnan, V V Giri, Venkatraman, Shankar Dayal Sharma, and K R Narayanan.

• Removal

• Vice President can be removed through the Impeachment process

• He can be removed by a resolution passed by a majority of all the then members of Rajya
Sabha and agreed to by Lok Sabha.

• It means Rajya Sabha should pass the resolution with an effective majority and Lok Sabha
with a Simple Majority.

• The resolution can be moved only in Rajya Sabha and no need to mention the grounds for his
removal.

• 14 days advance notice should be given before the house takes up the resolution.

JUDICIARY (05:56 PM)

• The concept of Rational Legal Administration was started by the British in 1853.

• During British time

 • a) Judiciary was not independent and it followed the "Rule By Law". Example- Sedition
Law. Any decision of SC can be overturned by Governor General.

• b) It was also not impartial- Indian judges can not hear the cases of European subjects.

• Both these aspects were removed by the Constitutional makers while drafting the
Constitution. Our Indian judiciary was made both Independent and Impartial.

• [* By this we can say that the Indian constitution is not an extension of the GoI 1935 Act]

• According to constitution-makers, the judiciary is expected to perform two important

functions

• a) Protection of FRs from the exploitation of other organs of the state i.e. Legislature and
executive and also from individual citizens.

• b) To ensure constitutional governance- It must ensure that the legislature and executive
function with limitations.

• Articles related to the judiciary-

• Article 13, Article 226, Article 32, Article 131 (Original jurisdiction to resolve the conflict
between State and centre), Articles 141 (Judgement of SC is binding over all the courts-
Integrated judiciary), Article 142 (Judiciary can declare a law- example- Vishaka case ), Article
139 (parliament can expand the scope of Writs).

WHETHER THE JUDICIARY HAS PERFORMED THESE FUNCTIONS? (06:13 PM)

• Justice Manepalli Narayana Rao Venkatachaliah classified the performance of the Judiciary
into various phases

• a) 1947-1967- Passive phase

• b) 1967- 1975- Conflict among Judiciary, executive and legislative

• c) 1975- 1977- Darkest phase

• d) 1977-80- Revival of credibility

• e) 1980- till now- Judicial activism

• Why there is conflict among Judiciary, executive, and legislative?

• In our constitution, there is only a separation of functions but not of powers

• Judicial review is not explicitly mentioned but it can be derived from Article 13 of the Indian
constitution

• The conflict between Fundamental Rights and DPSPs.

• FRs talk about individual rights and DPSPs talk about the collective welfare of the society

• Why there is a conflict between the collective welfare of society and Individual rights?

• There is always a conflict between self-interest and societal welfare. To fulfil self-interest, one
has to exploit society.
 • Legislative and executive were helping the state to fulfill the socialistic pattern whereas the
Individuals wanted their rights to be protected.

FIRST PHASE 1947-67 (06:30 PM)

• This phase is called the passive judiciary

• Constitution was drafted and FRs like Freedom of speech and other freedoms were given to
citizens. The government realized the absolute nature of these rights.

• At the time of Independence, 2% of big zamindars were holding 90% of the land

• [* Redistributive justice- Government must form such policies which benefit the highest
number of society]

• The government wanted to bring land reforms, especially the land ceiling Acts.

• The government brought 1st Amendment to the constitution (1st CAA). It introduced the
IXth schedule into the constitution. Any law put under the IXth schedule cannot be
challenged in a court of law. It gave a blanket power to the government to put any law
beyond judicial scrutiny.

• Judiciary did not react to this. This is why it is called the Passive phase of the Judiciary.

• Why passive?-

• The conditions prevailing in the country were responsible for this. Judiciary felt that both the
legislative and executive are trying to do societal welfare and thus Judiciary did not take any
action.

• Legislature and Executive were enjoying a huge amount of credibility at that time and
working for a socialistic identity.

• SC in A K Gopalan case 1950, reaffirmed the commitment towards the procedure

established by Law. Judiciary will not question the content and intent, it will go strictly by
the procedure.

• Judiciary deliberately remained passive.

PHASE II- CONFLICT PHASE (1967- 1975) (06:59 PM)

• The judiciary was forced to interfere

• The government adopted a socialistic pattern of society but it was not successful such as
land ceiling laws etc.

• The policies of the government led to a severe food crisis. From the second Five year plan,
we tried to focus on industry, and agriculture was neglected which led to the food crisis.

• 1962- China attacked India.

• Now judiciary became active and decided to interfere.

• Golaknath case- The government had confiscated his land under the land ceiling Act. SC
ruled that when there is a conflict between the FRs and DPSPs, then FRs will be given priority
and importance.
 • In 1967- Indira Gandhi became PM. This time was facing political instability. Indira Gandhi
wanted to come out from the shadow of the Syndicate. Thus she firmed Congress(R) and
came up with the Abolition of Privy purses and the Nationalization of Private banks.

• Both decisions were challenged in the SC and SC struck down both these decisions.

• 1971- Indira Gandhi opted for elections and demanded the Absolute Majority so that she can
implement the socialistic schemes.

• 24th and 35th CAA was enacted and Article 368 was amended. Article 368 talks about the
procedure to amend the Constitution.

• She changed the title to "Power to Amend the constitution". She also stated that parliament
has the sovereign power to amend any power of the constitution including FRs and this
amendment to the constitution will not be called as LAW under Article 13.

• She also kept these laws in the IXth schedule.

• Judiciary reacted in the Keshavanand Bharti case, in 1973.

• SC came out with a landmark judgment constituting 13 members. They gave the judgment
with a 7:6 majority.

• SC has recognized the sovereign power of parliament to amend any part of the constitution
including the FR. At the same time, it stated that Parliament can not amend the Basic
structure of the Constitution. SC said that the Basic structure will be defined from time to
time and case to a case basis.

• Basic structure= Independent judiciary, Rule of law, Parliamentary democracy, Judicial review,
etc

• It ensured a Balance of power. The organs of the government i.e. legislative and executive
are supreme in their function but not Sovereign. Parliament is supreme but not sovereign.

• SC stated that if the constitutional amendment Act violates the Basic structure of the
Constitution, then the Constitutional Amendment Act can be held unconstitutional.

• Indira Gandhi faced a serious crisis in 1973 as the Arab-Israel war started, which led to an
inflationary situation.

• In 1975, Allahabad HC came out with the sensation judgment which was disqualified under
RPA 1951.

• SC gave a conditional stay on this disqualification.

PHASE III- DARKEST PHASE (1975-1977) (07:41 PM)

• Judiciary failed to perform the two important functions- Protecting the FRs and
constitutional governance.

• The government came out with MISA

• 1976- SC came out with the ADM Jabalpur case

• The government argued that Under MISA, the government can arrest and detain them for
any amount of time.
 • SC accepted the argument of the government and agreed to go by the procedure established
by Law. The Attorney General of India argued that the Right to life is not an absolute right.

• 42nd CAA 1976, introduced Article 31C, which argued that FRs are not sacrosanct and it can
be violated in the name of DPSPs

• 42nd CAA 1976 removed the authority of the Supreme Court to adjudicate petitions
regarding elections of Prime Minister, President, Vice president, and Speaker of Lok Sabha

PHASE IV (1977-1980)- REVIVAL PHASE (07:47 PM)

• Maenka Gandhi case 1978

• SC expanded the concept of the basic structure.

• It expanded the scope of the Right to Life.

• SC introduced the concept of "Due process of Law". Any legislative and executive actions if
violative of the due process of law then it would be held unconstitutional.

• The due process of law is based on the principles of natural justice. The principle of natural
justice is based on the fair and just application of the law.

• Minerva Mills case 1980

• Article 368 gives limited power to the parliament to amend the constitution, and this limited
power cannot be used by parliament to acquire unlimited power to amend the constitution.

• Article 31C was struck down by the SC as it was violating the Basic structure of the
constitution.

• In this case, SC said that the independence of the Judiciary and Judicial review is the basic
structure of the Constitution.

PHASE V- JUDICIAL ACTIVISM (1980 ONWARDS) (07:57 PM)

• Concept of PIL, Judicial activism, etc

• Question- Do you think presidential activism is necessary to prevent the dictatorship of the
Prime minister? Comment (15 marks/ 250 words)

The Topic for the next class:- Judicial Activism and Continuation of Judiciary.

Summary

Polity Class 29

A BRIEF OVERVIEW OF THE PREVIOUS CLASS (01:00 PM)

REVISION OF EVOLUTION OF JUDICIARY (01:05 PM)

• SC in Minerva Mills case stated that it had powers to review the imposition of national
emergency and revoke the imposition of national emergency if it is on malafide intentions

• PHASE V- JUDICIAL ACTIVISM (1980 ONWARDS) (01: 18 PM)

 • Why did judicial activism come into existence?

• Between 1947-1967, the same political party was ruling at the center as well as in states. It
had so much credibility, however, it failed to fulfil the aspirations of people.

• After 1967, they gave the opportunity to the opposition party to rule in states. In 1975, Indira
Gandhi imposed a National emergency. After this in 1977, they voted for Janta Party. The
Janta party government was a short-lived one.

• In 1980, Congress was again in power as there is/was no alternative (TINA). By the 1980s,
people were completely dissatisfied with the legislature and executive (Politicization of crime
and criminalization of politics), which created a Legislative and executive vacuum.

• There is no scope of vacuum in the political atmosphere and this space was filled by Judiciary
through Judicial Activism.

• What is Judicial activism?

• The judiciary will be proactive in fulfilling the aspirations of the people and in this process,
the judiciary will enter into the domains of the legislative and executive.

• Earlier there was separation of functions, through judicial activism, the judiciary has erased
all these boundaries.

• Difference between Judicial review and Judicial activism?

• Judicial review- It is a Reactive approach, i.e. interpreting the actions.

• Judicial activism- Judiciary is making the law and directs the executive about what they can
do and not do. Judicial activism comes from judicial review.

• Notes

• Judicial review is part of the constitution under Articles 13 and 32 & 226 of the Indian
constitution, wherein the Judiciary has the power to review any decisions made by the
legislature and implemented by the executive for their constitutional validity. Judicial review
is mostly reactive in nature

• Judicial activism is Proactive in nature. It has come into existence due to the failure of the
legislature and executive to fulfilling the aspirations of people due to inherent weaknesses in
their functioning. It has forced the judiciary to fill in the vacuum created by the non-
performance of legislature and executive, leading to Judicial legislation.

• Judiciary has entered into the domains of both legislature and executive in a proactive
manner.

PERFORMANCE OF JUDICIARY (01:49 PM)

• Between 1947-1980- Judiciary also failed

• During this period, Judiciary worked on the principle of Locus Standi. [* Locus Standi- Whose
rights are affected only those can approach the judiciary]

• Also, there is a very long process of justice, and also Justice is very costly.

• Judiciary wanted to overcome these witnesses through the instrument called PIL.
• 1982- Justice P N Bhagwati and Justice V R Krishna Iyer popularised the concept of PIL

• Instrument of PIL- It removed the principle of Locus Standi. Justice P N Bhagwati took a
postcard and converted this into a Public Interest Litigation. This opened the floodgates of
the PIL.

• Journey of PIL- In the 1980s

• In the 1980s PIL mostly focused on protecting individual and political rights.

• In 1982, the Asian Games were held in Delhi, to conduct the game, the government decided
to construct Asiad Village. The workers/labourers were living in areas where basic amenities
were not available. So a PIL was filed and SC instructed the government to provide these
facilities.

• Similarly, SC also gave judgment for the provision of basic facilities for Street vendors.

• SC also gave judgment on the conditions of Prisoners to provide them with basic facilities
otherwise they can approach under Habeas Corpus.

• SC also gave judgment related to fake encounters. It said that Police and official do not enjoy
sovereign immunity for their fake encounters. SC also has ruled that the State must pay
compensation to the relatives of the victims.

• Shriram Foods v/s UoI case- FRs of children.

• In the 1990s

• The scope of PIL was further expanded, as this time coincides with the LPG reforms era

• PIL focused on the protection of workers from capitalists, and industrialists.

• In the 1990s, the focus is on Cultural, Economic, and Social freedoms

• Protection of women at the workplace, Giving healthy conditions for workers, Protection of
rights of Tribals, Protecting the rights of Children.

• Globalization resulted in corruption so PIL focussed on containing the corruption also.

• In the S R Bommai case, SC tried to fix the accountability of the state.

• Indra Sawhney case, SC upheld the reservations to other backward sections.

• Jain Hawala case, SC asked the executive to convert CVC into a statutory body.

• SC struck down the single directive by the government of India.

• In Vishaka v/s state of Rajasthan, SC stated that these guidelines will be considered as Law.

• By 2000s

• Floodgates of PIL were literally open. Especially from 2004 onwards, there are so many
judgments of SC.

• SC asked the Delhi government to introduce CNG in Delhi to reduce pollution.

• The right to have safe drinking water became FR under Article 21

 • Coal allocation case- SC cancelled all the coal allocations

• SC struck down the appointment of CVC as the government did not follow the Jain Hawala
case.

• SC struck down the Salwa Judum, as maintenance of law and order is the exclusive domain of
the state and it can not be delegated.

• SC also took action against the black money.

• SC came out with the Jharkhand Assembly case where SC asked the speaker to conduct the
floor test

• SC also came out with the Bihar assembly dissolution case and it repealed the emergency
and revived the assembly.

• SC also came out with a judgment and asked the Executive to explore the idea of interlinking
rivers.

MISUSE OF PIL (02:27 PM)

• In 1999, A V Bajpayee government was defeated by 1 vote, and after that, PIL was filed for
the trust vote again

• The right to have safe drinking water became FR but this can not be ensured with the limited
resources.

• SC also asked the executive to explore the idea of interlinking rivers, which is the exclusive
domain of the executive.

• Similarly, SC asked to impose UCC in states, which is the exclusive domain of the legislature.

• From 1980-till now, the judiciary is trying to fix the accountability of the legislature and
executive.

• Weaknesses in the functioning of the Judiciary

• a) Pending cases

• b) Judicial corruption

• c) Appointment of judges

• d) Colonial practices of our Judiciary

• e) Absence of accountability mechanism

• f) Promotions, Transfer, and posting of Judges.

• g) Inefficiency in the functioning of the Judiciary.

WEAKNESSES OF JUDICIARY (02:34 PM)

• 1. Pendency of cases

• Matters pending in SC are over 68000 and in 25 HCs backlog is over 59 lakh cases [* Source-
Times of India, 28th June 2023- Editorial- Keep Judging]
• Overall 48 million cases or 4.8 cases are pending in the judiciary

• It would take around 300 years for the judiciary to come out with a judgment provided that
no net cases are filed

• 2. Judicial corruption

• Judges are removed through the process of Impeachment and no judge has been impeached
so far.

• 3. Appointment of judges

•
• SC struck doen the NJAC.

• SC came out with an interim solution- a Memorandum of Procedure.

• 4. Colonial Practices

• These were introduced by Britishers

• Constitutional courts remain shut for around 47 days in the summer and around 20 days
during winter. Vacations are a lineage of colonial rule, and they’ve been in use in the present-
day judiciary also.

• Judges are called "My Lords" which is also a Colonial practice.

• 5. Absence of accountability mechanism

• Judges only have the knowledge of Law, but they lack expertise in Human rights,
technological expertise, Women's issues, etc

• In the last 75 years, Judiciary is facing the Uncle's Judge syndrome. Only 300 families have
monopolized the judiciary.

• The judiciary is also not representative in nature, members from SC/ STs are lacking, till now
no Women CJI in SC.
 • Credibility of Judiciary- One of the CJIs was accused of sexual harassment, then a bench was
constituted and he was a member of the bench, and in-camera proceedings were
constituted. It was against the Principle of Natural Justice.

• Executive Judiciary or Politicization of the judiciary is becoming popular.

• Post-retirement postings are also questioning the credibility of the judiciary.

• 6. Promotions, Transfer, and posting of Judges.

• The CJI is known as the 'Master of the Roster. ' This is why he is regarded as 'first amongst
equals in relation to companion judges.

• CJI has the prerogative to constitute the Benches of the Court and allocate cases to the
benches so constituted.

JUDICIAL REFORMS/ SOLUTIONS (03:37 PM)

• 1. For the appointment of Judges

• Judge: people ratio in India is very low. SC is overburdened. There is an urgent need to
increase the strength

• India- 21 judges to a million population. 25% of them are vacant. [* Source- The economics
times]

• The Law Commission and the Supreme Court recommended that India should have 50 judges
per one million people

• Solution-

• Regional Benches of SC in different parts of India- South bench, North-east bench

• SC strength can also be increased to 50 or 100

• The judiciary must meet 180 days a year.

• Appellate jurisdiction will be handled by the Regional benches. These benches can look into
constitutional cases.

• SC can be restricted to hear only the Constitutional cases and a Parallel court can be
established to hear the HCs appeals and Writ jurisdiction.

• Present CJI argument- SC is not getting even the 33 judges who are qualified to become SC
judges. The most efficient lawyers are not becoming judges. A lawyer can continue his
practice after 65 years also but the maximum retirement of the SC judge is 65 years.

• Solution- All India Judicial services

• Judges' performance should be evaluated by the stakeholders- clients, NGOs, lawyers- Social
audit committee.

• To promote diversity, some positive discrimination can be incorporated.

• Some positions can be reserved for professionals such as environment, Accounts etc

• Problem
 • At the lowest level, the mode of recruitment is Vernacular also there is no reservation in
Judiciary. [* Solution- Government can start more law colleges in other parts of India. Law
profession should be made more attractive]

The Topic for the next class:- Judiciary and Center-state Relations.

Summary

Polity Class 30

A BRIEF REVIEW OF THE PREVIOUS CLASS (05:00 PM)

• Pending cases

• Supreme Court Benches all across the country

• Supreme Court to be considered as a Constitutional Bench

• All India Judicial Services

JUDICIAL REFORMS (contd) (05:05 PM)

• Reservations can be given to ensure adequate representation of weaker sections in these

institutions.

• There can be an All India Judicial Service on the lines of the IAS, IFS, and IPS.

• An open competitive examination can be conducted for these judicial services by the
Supreme Court secretariat with the help of UPSC.

• PIL has been criticized as private interest litigation, profit interest litigation, personal interest
litigation, and personality interest litigation.

• There have been many instances, wherein PIL has also been used for political purposes.

• Contempt of court has been liberally used by our judges to prevent criticism of their
judgments.

• Our SC has accepted the weakness in the Collegium system but did not come out with an
alternative to it.

• Judicial Activism has become a guiding light in instances of executive and legislative vacuum.

• It has been said that Judiciary was more proactive in making the legislature and Executive
accountable for their performance without looking at its own performance.

• In a very controversial move, the Chief Justice of India sat on the judgment in a case related
to himself.

• Since cases in lower courts are argued in local languages, there have been apprehensions as
to how a person from north India can hold hearings in a southern state.

• To conclude, in a developing democracy like India, Judiciary can play a very significant role in
realizing effective constitutionalism.

• It must make Legislature &Executive accountable to the people for their performance.
FACTS (05:45 PM)

• India has an integrated judiciary with the SC at the top.

• On the other hand, the USA of America has an independent judiciary wherein each state has
its own independent SC and also has a federal court.

• In India, decisions of the SC are binding upon all the courts in the country.

• Important Articles-

• Art 124-

• Establishment of the SC

• Art 124 A-

• NJAC

• Art 131-

• Original jurisdiction of the SC

• Art 132-

• Appellate jurisdiction of the SC

• Art 141-

• Laws declared by the SC are binding upon all courts.

• Art 142-

• Enforcement of decrees and orders of the SC.

• Art 136-

• Special Leave Petition

• Art 139-

• Power of the Parliament to confer more power on the SC with respect to certain writs.

• Art 143-

• Power of the President to consult the SC.

• Appointment of Judges (05:55 PM)

• The judges of the SC are appointed by the President.

• The seniormost judge of the SC is normally appointed as the Chief Justice.

• Qualifications-

• He/She should be a citizen of India.

• He/She should have been a judge of a High Court for a period of 5 years or;

• should have been an advocate practicing in a High Court for 10 years;

 • should be a distinguished jurist in the opinion of the President.

• There is no minimum age limit.

• Removal-

• An SC judge can be removed by the President by issuing an order for his removal.

• The President can issue the order only after Parliament gives its approval.

• A judge can be removed only because of misbehavior or incapacity.

• Judges Enquiry Act of 1968-

• It defines the procedure for the removal of judges through the process of impeachment.

• A removal motion must be signed by 100 MPs (Lok Sabha) or 50 MPs (Rajya Sabha).

• It should be presented to the Speaker or the Chairman of the House.

• The Speaker or the Chairman may or may not admit the motion.

• If the motion is admitted, the Speaker or the Chairman will constitute a 3 member
committee to investigate the charges.

• The Committee should consist of the Chief Justice of the SC, the Chief Justice of a High Court,
and A distinguished Jurist.

• It investigates the charges and if it is found that the concerned judge is guilty of misbehavior
or has been suffering from incapacity or proved misbehavior, the house can take up the
motion.

• After the house passes the motion, the other house also must pass the same with a Special
Majority.

• It will be then sent to the President.

• The President then passes the order removing the judge.

• Since independence till date, no judge has been removed through an impeachment process.

• In 1993, the Parliament took up the impeachment of Justice Ramaswamy but it could not be
passed in the Lok Sabha.

JURISDICTION OF THE SUPREME COURT (06:16 PM)

• Original Jurisdiction-

• The SC has the power to decide the disputes between-

• the Union and one or more states;

• Union and any State on one side and any other state on the other side;

• Between two or more states.

• Writ Jurisdiction-

• Art 32 includes the Writ Jurisdiction of the SC.

 • But the Writ jurisdiction of the SC is less than that of the High Courts.

• SC can issue writs only for the enforcement of Fundamental Rights.

• Appellate Jurisdiction-

• It can be classified into-

• Constitutional Matters-

• An appeal can be made to the SC against the judgment of a High Court.

• It should be noted that the High Court should that the case involves a substantial question of
law that requires interpretation of the Constitution.

• Civil Matters-

• Any judgment of the High Court can be appealed in the SC in civil cases.

• Criminal Matters-

• In the case of Criminal matters also SC can take up the cases wherein the judgments are
delivered by the High Court.

• Special Leave Petition- (06:33 PM)

• The SC in its discretion grants special leave to appeal from any judgment in any matter
passed by any court or a tribunal.

• It gives very wide powers to the SC.

• Even though the SC can use this power under exceptional circumstances.

• Advisory Jurisdiction-

• Art 143 authorizes the President to seek the opinion of the SC in certain matters-

• On any question of law or fact of public importance;

• Any dispute arising out of a pre-constitutional treaty or agreement.

• In the first case, the SC may or may not tender its opinion.

• In the second case, the SC must give its opinion.

UNION- STATE RELATIONS (07:15 PM)

• Indian Federation is not a proper federalism, as said by Dr. Ambedkar.

• Constitutional forefathers did not want to make India a Federal state in true spirit because
there was no unity in the country.

• Our constitution is called Federal in form but unitary in spirit.

• India is an indestructible union of destructible states.

• Unitary Features of the Constitution-

• Articles 3 & 4
• Emergency Provisions: Under Article 356, the central government can dismiss the state
governments.

• Article 360: Financial Emergency

• Governor and his discretionary powers

• All India Services

• Single Citizenship

• Integrated Judiciary

• Finance Commission

• Election Commission

• Comptroller and Auditor General

• Composition of Rajya Sabha

• Residual powers are with the Central government

• Federal features- (07:35 PM)

• Written Constitution

• Division of powers

• Independent judiciary

• Judicial Review

• Existence of Rajya Sabha

• Division of Union-State in Relations

• Our constitution makers decided upon 'The Principle of Subidiarity' to decide upon the
division of powers.

• Principle of Subsidiarity-

• Functions that can be formed at the lowest level should remain with the lowest levels of
governance.

• Eg: State List

• The functions which need more specialization and have national implications should be
undertaken by the Union.

• Eg: International Relations

• Issues of contention- (07:43 PM)

• The tendency of the Union to shift the subjects from the State list to the Union and
Concurrent list.

• The All India Services has become controversial.

 • The recently repealed farm laws were an issue of contention wherein the Union tried making
laws around agriculture which is a state subject.

• Grants are given by the Finance Commission

• GST Council

• Inter-State Border Disputes

• Inter-State Water Disputes

• Phases- (07:56 PM)

• 1947-67 - Unitary State

• 1967-1990- Confrontational Federalism

• 1990- 2019- Cooperative Federalism

• 2019- Confrontation (Unitary State)

TOPICS TO BE DISCUSSED IN THE NEXT CLASS- UNION-STATE RELATIONS

Summary

Polity Class 31

CENTRE-STATE RELATIONS- 1:02 PM

• Union state relations in India since Independence are influenced more by political
circumstances than by constitutional provisions.

• They can be classified into various time periods-

• Phase- 1947 to 1967: Unitary State

• The single-party rule is led by Congress at the center and at the state level.

• Chief ministers and governors were appointed by the Congress working committee.

• The office of the governor and discretionary powers of the governor did not become
controversial during this period.

• The planning commission had come into existence through an executive resolution in 1950
to formulate five-year plans.

• It mostly followed a centralized top-down approach where the state government had very
little freedom either in the formulation or in the implementation of plans.

• But planning commission did not become controversial because it enjoyed a huge amount of
credibility among the states.

• There was a misuse of Article -356 during this period only once in 1959 when the
government of Kerala was dismissed for the breakdown of constitutional machinery.

PHASE-1967 to 1990- 1:50 PM

 • The Phase of Confrontational Federalism

• The period was characterized by continuous conflict between the center and the states.

• Major reasons for the conflict include-

• -The office of the governor

• -Discretionary powers of the governor

• -Misuse of Article 356

• -The role of the Planning commission

• -The role of all India services

• The chief minister's conference that was held in 1983 made radical demands like the repeal
of Article 356, abolition of the office of the governor, dismantling the planning commission,
and discontinuation of all Indian services.

• This was the period when the country had witnessed maximum misuse of Article 356 in
states like Rajasthan, Bengal, Karnataka, and Andra Pradesh.

• The planning commission was also severely criticized for its highly partial and biased
functioning.

PHASE- 1990 to 2019- 2:59 PM

• Cooperative Federalism-

• -End of single-party rule

• -The emergence of coalition government at the central level.

• -Regional Parties became part of the government for the first time.

• -Regional parties brought different perspectives at the central level.

• -Presidential activism

• -Judicial activism

• -Globalization

• -Three- tier government- Local self-government

• -Activism by media and civil society organizations

S.R. BOMMAI CASE- 3:24 PM

• 1. This imposition of Article 356 can be reviewed by the judiciary.

• 2. Once the governor recommends Article 356, the state assembly should be kept
in suspended animation so that it can be revived later.

• 3. The governor must explore all the opportunities to form a new government in the
existing assembly.
 • 4. He should recommend assembly dissolution only when a new government cannot be
formed in the existing state assembly.

• 5. Assembly dissolution should take place only after both houses of Parliament give their
approval for the imposition of Article 356.

• 6. There is no scope for a joint sitting.

• 7. Federalism is part of the basic structure of our constitution.

• 8. There is a misuse of the office of the governor.

• 9. SC has said that recommendations of the Sarkaria Commission should be implemented

regarding the appointment of a governor. (given below)

• Recommendations-

• - A person should be from any eminent walk of life.

• -He should be an apolitical person.

• -He should not belong to the same state.

• -He should not have actively participated in politics in recent times.

• -After his term is over he should not enter into active politics.

• 10. The strength of the government should be tested only on the floor of the house and not
in Raj Bhavans

• Bihar assembly dissolution case-

• SC said that the Imposition of Article 356 and dissolution of the state assembly as
unconstitutional.

• SC has ruled that revoking the imposition of article 356 and also reviving the state assembly.

• Its order need not be implemented as the electoral process is already going on in Bihar.

• SC was critical of the central government as the central government did not follow in
judgment in S.R. Bommai's case.

• SC was also critical of the governor as well as the council of ministers.

• SC has ruled that the governor's report need not be the basis for the imposition of Article
356.

• The Council of Ministers should independently verify the contents of the governor's report
before taking any action because the office of the governor is highly politicized.

• SC has also said that higher constitutional dignitaries must use their discretionary powers in
a careful manner.

The topic for the next class- Continuation of the topic 'Centre-State relations

Summary
Polity Class 32

A BRIEF OVERVIEW OF THE PREVIOUS CLASS (05:00 PM)

CENTER-STATE RELATIONS (05:03 PM)

• Uttarakhand

• In Uttarakhand, 12-13 MLAs were opposing the CM's position. The speaker used a Voice vote
to pass the budget on the day of the Budget passing.

• [* Voice vote- Speaker will ask how many are in favour of Ayes and Nos. Based on the voice,
voting can be done]

• The opposition party demanded Voting but the house was adjourned sine die.

• Governor sent the report to the centre that constitutional machinery has failed.

• SC said that corruption can not be grounds to decide the breakdown of constitutional
machinery. SC came to the rescue of the state legislative assembly.

• Arunachal Pradesh

• SC asked for the Governor's report which led to the imposition of the President's rule. SC
immediately reinstated the CM and asked to prove his majority within 48 hours. SC stated
that Governor's office is a constitutional office and it should not be actively involved in
Politics.

• CM survived the Confidence motion and he resigned from the post.

• SC reinstated the previous CM, SC revoked the imposition of Article 356, etc.

MISUSE OF DISCRETIONARY POWERS OF THE GOVERNOR (05:30 PM)

• Discretionary powers

• a) Appointment of CM

• b) Passing of the Bills

• c) Recommending the imposition of Article 356

• Misuse of the discretionary powers

• M M Punchi Commission recommendations to appoint the CM in the case of Hung

assembly

• The governor can invite the leader of the single largest party.

• The governor can invite the leader of the pre-poll alliance.

• The governor can invite the leader of the Post-poll alliance.

• Governor can also invite the Post-poll alliance with support from outside.

• Example- Karnataka and Goa case study

• Karnataka-
• 2018 elections were held and it was a Hung assembly and BJP emerged as the single largest
party.

• Governor invited the BJP to form the government and gave them 15 days time to prove the
majority.

• Congress party approached the SC.

• SC stated that it can not question the discretionary powers of the Governor but it reduced
the 15 days time to 48 hours to prove the Majority.

• Goa-

• In Goa, the Congress party emerged as the single largest party. BJP joined hands with the
independent MLAs and formed the post-poll alliance.

• Governor invited the BJP to form the government.

• SC again stated that it cannot question the Discretionary powers

• Maharashtra

• BJP and Shivsena fought as a coalition. After the election, Shivsena broke the coalition.

• Governor did not verify the name of the MLAs who supported

• Misuse in the Passing of the Bills by the Governor

• Governor can give his approval and it becomes Act

• Governor can Reject the Bill any no. of times

• Governor can exercise a pocket veto

• Governor can exercise a Suspensive veto

• Governor can refer the Bill to the President

• Telangana Government approached SC and asked the SC to look into the matter as the
governor did not pass the Bills.

• In Punjab, the Governor was not convening a state assembly.

• Solution- Implement the recommendations of the Sarkaria Commission, M M Punchi

Commission, etc

• After 2004-

• UPA came to power, and they asked the Governors appointed by the previous governor to
resign. Some governors were removed as they enjoy the pleasure of the President.

• They approached the SC and SC gave judgment regarding the appointment of Governors

• SC stated that governors are custodians of the Constitution. Governors are not
representatives of any political party.

• SC said that whenever a new government comes to power at the centre, the governors need
not resign.
 • SC stated that if the government wants to remove the governor then a report can be sent to
the President explaining the reasons for the removal. The president must satisfy with the
reasons given by the CoM.

• SC stated that this report can remain confidential report.

• Reasons for Politicization of the Governor- No post-retirement benefits, No security.

• SC stated that the Governors should be given post-retirement benefits.

• After 2014-

• BJP came to power and they wanted to remove the Governors appointed by the previous
government.

• BJP used the method of Transfer and past corruption cases against the Governor to dismiss
the Governor.

ALL INDIA SERVICES (06:15 PM)

• No Federal country has the provision of All India Services as it goes against the idea of
Federalism

• Sarkaria Commission and M M Punchi Commission strongly recommended continuing with

the AIS as they have a Macro-nationalistic perspective

• They also recommended more AIS.

RECOMMENDATIONS OF VARIOUS COMMISSIONS (06:18 PM)

• Regarding discretionary powers of Governors

• These commissions have recommended that Governors must use their discretionary powers
to promote and improve better centre-state relations.

• Governors must act as the catalyst in realizing the objectives of cooperative Federalism.

• As a norm, the governor should always give his approval to the Bills passed by the state
legislative assemblies. They should not come in the way of the effective functioning of state
administration.

• In the case of any conflict, the governor can always inform the state government about his
objections so that the state government can take corrective measures.

• As a last resort, the governor can reserve the Bill for Presidential approval as recommended
by the M M Punchi commission, the president can give his opinion within a period of two
months so that it can lead to better Union-state relations.

• As a rule, the Governor should not interfere in the day-to-day administration of the state
government as repeatedly mentioned by SC in various judgments, Governor should refrain
from actively participating in state politics. It can lead to the creation of rival power centres
at the state level.

• When any political party withdraws support to the Government, Governor should provide
sufficient time to the Chief Minister to prove his majority on the floor of the house.
 • To promote cooperative federalism, as suggested by the Punchi Commission, the central
government should resist the temptation of making legislation for items/ subjects in the
state list. On the other hand, wherever it is possible more powers and freedoms should be
given to state governments in the true spirit of cooperative Federalism.

• These commissions also have strongly supported a continuation of All India services. They
have demanded more All India Services to ensure inclusive and equitable growth.

CENTER-STATE FINANCIAL RELATIONS (06:31 PM)

• Major issues

• a) Composition of Finance Commission

• b) Terms of reference of the Finance Commission

• c) Vertical and horizontal tax devolution

• d) FRBM

• e) Cess and Surcharge

• f) Centrally Sponsored scheme

• g) Special category status

• h) Disaster relief

• i) Pay Commission

• j) Sharing of revenues

• h) Sale of PSEs.

MAJOR ISSUES IN FINANCIAL RELATIONS (07:10 PM)

• A. Finance Commission

• It is a constitutional body. It also enjoys complete independence under Article 280 of the
Indian constitution.

• Controversies

• a) Members of the Finance Commission are appointed by the Central government without
any participation of states. There is the possibility that they will favour the central
government in deciding the share of finances.

• Solution- M M Punchi commission said that members of the Finance Commission can be
appointed in consultation with the state governments. If this is not possible then in Finance
Commission there can be some members appointed by the State government.

• b) Terms of reference-

• The president asks the Finance Commission to decide the Devolution of taxes (Horizontal and
Vertical devolution)

• [* Vertical devolution is the devolution of funds between the centre and States/union
territories. Horizontal Devolution is the division of funds amongst states.]
• Grants-in-aid to overcome their revenue deficit

• Any other matters referred to Finance Commission by President.

• Recommendations by Punchi Commission- M M Punchi Commission recommended that

Terms of reference can only be decided with the consultation of states.

• Vertical Devolution of tax revenues

• Central government performed only 30% of activities without the involvement of states. 70%
of the functions are performed by states.

• Earlier 70% of the revenues were given to the center and only 30% of the revenue went to
states.

• 14th FC increased revenue sharing from 32% to 42%. [* 15th FC made it 41%. ]

• Solution- M M Punchi commission recommended that the share of the state's share in the
revenue should be progressively increased to 50%.

• Central government increased the cess and surcharge which was not to be shared with
states.

•
 • Solution- M M Punchi commission recommended that these Cess and Surcharges should be
discontinued. An increase in cess and surcharge goes against the spirit of Federalism.

• Horizontal devolution of the tax revenues

• India has Asymmetrical federalism so a formula was devised to share the revenue among
states.

• First FC came out with a formula based on EQUITY and EFFICIENCY to decide the revenue.

• Equity- biased in favour of the disadvantaged. It includes Population, Size of state, Poverty/
Income distance, Unemployment, etc

• Efficiency- Ability of the state to perform well.

• Issues- Those states which are performing well had complained that they are penalized as FC
is giving priority to Equity.

• In terms of reference to the 15th FC, the Central government asked the FC to use 2011
census data instead of 1971 census data. It penalized the states which controlled the
population.

• Income distance is calculated as the difference between the per capita gross state domestic
product (GSDP) of the state from that of the state with the highest per capita GSDP.

• The performing states are arguing that when they are increasing their Per capita Income,
then they are getting less share as they will come closer as per the income distance formula.

COMPARISON OF 14TH & 15TH FINANCE COMMISSION (07:53 PM)

•
• How the concerns of the South Indian states were covered in the 15th FC?

• 15th FC gave only 15% weightage to the 2011 census and they included Demographic
performance and they gave 12.5% weightage.

• Those states who performed well in containing the population were also incentivized.

• In 15th FC, a new parameter was introduced i.e. ecology and forest i.e. who are working
towards sustainable development will be given benefit.

• Those states who are increasing their tax revenues will be given benefits.

The topic for the next class:- Other Financial relations between center and state, Inter-state water
disputes.
1

Summary

Polity Class 33

A BRIEF OVERVIEW OF THE PREVIOUS CLASS (05:15 PM)

CENTER-STATE FINANCIAL RELATIONS (05:17 PM)

SPECIAL CATEGORY STATUS

• Hilly states were arguing that they need more assistance than the normal states.

• 4th FC asked the planning commission to come out with some special procedure to assist
these states.

• Planning Commission came up with special category status to provide financial assistance to
states which are relatively backward.

• Planning Commission came up with criteria

• a) Difficult and Hilly terrain

• b) Proportion of Tribal population in the overall population

• c) States having international borders

• d) Those states who are having unsustainable revenue deficit or Fiscal deficit i.e. financially
poor

•
• Benefits

• a) For centrally sponsored schemes the sharing is 70:30 or 60:40 between the centre and
normal states and 90:10 between the centre and Special category states

• b) Tax concessions are given to industrialists

• c) Soft loans

• d) Central government will also write off the loans.

• When Andhra Pradesh was created in 2014, it was promised a special category status for 5
years as it was not scientifically divided. Hyderabad contributed 70% of the revenues went to
Telangana. It was not fiscally sustainable for Andhra Pradesh.

• In 2014, BJP came to power and denied special category status to Andhra Pradesh.

• 14th FC also increased the states revenue from 32% to 42%, so it also recommended that
now there is no need to provide Special category status to states.

• In Rajya Sabha, the Opposition party introduced a Private Bill but BJP argued that this is a
money Bill and thus it should be referred to the speaker. The Bill was later turned down.

• Problem with the states

• States are not willing to collect taxes. Agricultural income is not taxed. There are too many
concessions and loopholes. So states need to improve tax collection and cut down the
revenue expenditure.

• State governments were not able to maintain fiscal discipline

• States were engaged in competitive populism [* Competitive populism = Race to the bottom.
One state is offering 1000 rs as a subsidy then another state is offering 2000rs in the name of
populism]

• [* Competitive Federalism means states are having healthy competition in improving social
indicators such as Health, education, etc as per the ranking given by NITI Aayog.]

• NOTES

• Special category status is given to those states which are facing difficulties due to their
topography and also because of their weak financial situation. At present 11 states enjoy
special category status.

• It has become controversial because then PM Manmohan Singh promised special category
status to Andhra Pradesh because of the weak financial situation of Andhra Pradesh after its
division.

• A private member was introduced in Rajya Sabha but it was rejected because the speaker
categorised the Bill as Money Bill. It led to demands for special category status from many
other states including Odisha, Chattisgarh, Bihar, West Bengal, Rajasthan, and others.

• In 2017, Central Government extended special category status to the existing 11 states for a
period of another 10 years. It has rejected the demands of all other states.

• Way Forward

• Instead of seeking special category status, states must focus on improving their financial
situation by raising revenues through the imposition of new taxes like Agricultural income
tax.

• They must also focus on cutting down unproductive expenditures in the form of populistic
subsidies.

• The country at present is witnessing this unhealthy trend of competitive populism among
political parties and state governments. It must be transformed into competitive federalism
 with state governments competing with each other in terms of Per capita income, standard
of life, Infrastructure development, industrialization, and human development.

• They must focus on financial independence rather than depending hopelessly on the central
government for their survival.

SHARING OF INTER-STATE WATER/ INTER-STATE WATER DISPUTES (05:54 PM)

• Why sharing of river waters is not a big problem in the north and it is a big problem in the
South?

• Geographical problem

• a) In south India the rivers are not perennial and are seasonal

• b) In South India, rivers flow vertically, thus dams can be constructed to stop the flow of
rivers. Whereas in North India, rivers flow horizontally.

• In the south, the upper riparian states can construct dams and this becomes a problem for
lower riparian states.

• Historical problem

• When EIC occupied India, more land was brought under agriculture so that they can earn
huge revenue.

• The western part of South India was under the princely states whereas the Eastern part of
South India was directly under the British state.

• EIC constructed dams on Krishna, Godavari, and Cauvery to bring more land under
agriculture.

• Green Revolution started in North Coastal Tamilnadu and Coastal Andhra Pradesh.

• After Independence, the Reorganisation of states happened on linguistic lines. The

government invested the maximum in the construction of dams during the 1950-1960s.

• Maharashtra and Karnataka invested more in the construction of dams and huge land came
under Agriculture. They started cultivating Rice. This required more water.

• In the late 1960s, the GoI introduced many reforms such as MSP to encourage farmers to
produce more. Due to this farmers shifted to Rice- wheat cultivation.

• In south India, 1000 hectares of land came under Agriculture and they were cultivating Rice
and wheat.

• During the Weak monsoon, the upper riparian states closed the gates of the dam.

• Ecological dimension

• Usage of water- Israel uses 125% of the rainwater whereas India uses only around 7% of the
rainwater (Mihir Shah committee)

• When there is excess rain, the dams are full, upper riparian states open the gates and water
goes into the ocean.

• CONSTITUTIONAL PROVISIONS
 • Article 262- 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, or in, any inter-State river or
river valley.

• The tribunal consists of only irrigational experts

• The award given by the tribunal is final, however, the SC can hear the award given by any
tribunal under the special leave petition (Article 136).

•
• Tribunals cannot provide a permanent solution.

WAY FORWARD FOR INTER-STATE WATER DISPUTES (06:25 PM)

• All the southern states are growing only Rice due to MSP provided to Rice. Let the
government provide MSP to all the crops.

• Let the corporates sector procure directly from farmers

• Increase in farmer-producer organizations.

• Shift in the cropping pattern and promotion of Dryland farming

• The government can increase the Agriculture extension services

• Economic survey pointed out that among all the BRICS countries, India is using maximum
water in agriculture and India is wasting more water. India uses "Flood irrigation" so India
needs to shift from Flood Irrigation to "Micro Irrigation" (Sprinkler irrigation, Drip irrigation).

• Every state needs to move from "Competitive Populism" to "Competitive Federalism".

• States do not have proper data about the requirement of water and also the meters are not
attached to water pumps. Water and electricity are given free of cost. As a power sector
reform, the states are now required to attach meters to the motors.

• Excessive utilization of water also increases the salinity of the soil.

• Government can also charge for the usage of water and electricity. [* Ethical
dimension- Wealth without work is a sin as per Gandhi Ji]

• The states are only interested in constructing multi-purpose irrigation dams due to Political
populism. This is prone to earthquakes, it also uses huge amounts of land.

• [* 2018- Kerala witnessed severe rainfall i.e. 60 cm. Tamilnadu opened the gates of Periyar
Dam. The entire state of Kerala was under 4-5 feet of water]

• State government can construct the canal. These canals can store the rainwater during the
excess rainfall and they can provide water during the drought.

• Let the state government should charge fees for water usage from the households.

• Every Urban local body is indulged in Political populism. This led to a decline in the water
table.

• Every Urban body can make a mandatory provision for Rainwater harvesting in urban
buildings.

• In rural areas, India can reduce the independence of farmers in agriculture and promote
other industries.

• Rainbow revolution can be promoted in Rural areas

•
• Integrated farming systems can be promoted in Rural areas. [* Integration farming system=
Agriculture + Allied sectors/ Horticulture/ Dairy/ Livestock]

• Interlinking of river waters can be promoted. This was also advocated by SC.

• [* Pattiseema Lift Irrigation Project is a river interlinking project which connects the
Godavari to Krishna River.]

• The Constitution of a single tribunal with different benches along with the fixation of strict
timelines for adjudication will result in expeditious resolution of disputes relating to inter-
state rivers.

• Government can Nationalize the river waters.

INTER-STATE BOUNDARY DISPUTES (07:15 PM)

• The mechanism to resolve inter-state boundary disputes is the Ministry of Home Affairs.

• MHA constitutes a committee comprising important ministers from both the states and
important ministers from the central government also.

• If the dispute is not resolved through negotiation then states can approach the Supreme
Court.

• Example- Telangana v/s Maharashtra border village disputes.

EMERGENCY PROVISIONS (07:19 PM)

• Article 352- National Emergency

• It can be imposed when the security of India is threatened by war or external aggression or
Armed Rebellion. 44th Constitutional Amendment replaced Internal disturbances with
Armed Rebellion.

• It can be imposed for both internal and external reasons

• For the first time, it was imposed in 1962, again in 1965, and also in 1971 due to war. In
1975, an emergency was imposed due to internal disturbances.

• In the Minerva Mills case, SC held that the proclamation of National emergency can be
challenged in courts on Malafide grounds.

• The proclamation of National emergency must be approved by both the house of the
Parliament within a month.

• The national emergency must be approved with a special majority i.e. 2/3rd of the members
present and voting. There is no scope for Joint sitting.

• The emergency will be in operation for a period of six months and can be extended
indefinitely with the approval of Parliament after every six months.

• Revocation of Emergency

• It can be revoked by the President at any point in time after its proclamation. It does not
require Parliamentary approval.

• It can also be revoked if Lok Sabha passes a resolution with a simple majority, then the
President must revoke it.

• If the Lok Sabha is dissolved before the one-month period without approving an emergency,
Rajya Sabha must approve with a special majority within one month period and the first
sitting of the new Lok Sabha must approve an emergency within one month.

• Impact of National Emergency

• State governments are under complete control of the central government. The legislative
power of the state is not suspended but parliament can override state legislature.

• Parliament can also make legislation for items in the state list. Those laws made by the
parliament would become inoperative after six months of the repeal of emergency
 • If the emergency is imposed due to internal reasons, all Fundamental Rights are suspended
except Articles 19, 20, and 21 (Article 358)

• During times of war and external aggression, Article 19 can also be suspended. Articles 20
and 21 remain in operation.

• SC ruled that a Habeas Corpus writ can be filed even during emergencies also.

• Article 356- State Emergency/ President's Rule (07:46 PM)

• Under Article 355, the central government has a duty to ensure that the state government is
carrying out its administration strictly according to the provisions of the constitution.

• The central government can implement the president's rule in case of failure of
constitutional machinery in a state.

• Under Article 356, President's rule can be imposed on two different grounds

• a) If there is a breakdown of constitutional machinery, Governor sends a report and on the

basis of this report, President can impose Article 356. It can be imposed without the
governor's report also.

• SC in the Bihar Assembly dissolution case has ruled that the Governor's report need not be
the basis for the imposition of Article 356. It held that the central Government must
independently verify the contents of the governor's report before taking a decision.

• b) Under Article 365, whenever a state fails to comply with any direction from the centre
then the president can impose Article 356. Under Article 257, the central government has
the power to issue directions to the state and it is the responsibility of the states to comply
with the directions given by the central government.

• Breakdown of constitutional machinery means

• a) Political instability in the state

• b) No political party is in a position to form government in the existing state assembly

• c) A Chief Minister who has lost the majority on the floor of the house but is refusing to
resign.

• d) Breakdown of law and order situation in the state.

• e) Secessionist or terrorist movements in the state which threaten the unity and integrity of
the nation.

The Topic for the next class:- Centre-state relations, Rural and Urban development.

Summary

Polity Class 34

THE CLASS STARTED WITH A BRIEF OVERVIEW OF THE PREVIOUS CLASS (05:01 PM)

PROCLAMATION OF PRESIDENT'S RULE (05:05 PM)

• The president's rule must be approved by both houses of the parliament within two months.
 • It requires only a simple majority.

• There is no scope for joint seating of the parliament.

• Once the president's rule is imposed it will continue for a period of six months, It can be
revoked before the expiry of six months at any point of time by the president.

• Its revocation does not require the approval of the parliament.

• Consequences of the President's Rule:

• The governor becomes the real executive.

• Parliament can make laws for the state during this period and they will be inoperational for a
period of six months after revocation of the president's rule.

• State legislative assembly can come out with new legislation in place of laws made by
parliament.

• For the first time president's rule was imposed in Punjab in 1951.

FINANCIAL EMERGENCY (5:18 PM)

• Article 360 empowers the president of India to impose a financial emergency if there is any
threat to the financial stability of India or credit of India or any part of its territory.

• The Imposition of a financial emergency can be reviewed by the judiciary.

• Parliament must approve the imposition of a financial emergency within two months with a
simple majority after its proclamation.

• Once it is imposed it can continue indefinitely until it is revoked.

• Parliamentary approval is not required for its continuation.

• It can be revoked by the president at any point in time after its imposition.

• Revocation does not require parliamentary approval.

• Impact of financial emergency:

• The Union government can give directions to any state to observe financial propriety and any
other directions as the President may deem necessary.

• These directions include reducing salaries and allowances of all or any class of persons
serving in a state.

• All money bills of the state and other financial bills should be sent for presidential
consideration after they are passed by state legislative assemblies.

• Reduction of salaries of all or any class of person serving in the union government.

• Reduction of salaries and allowances of supreme and high courts.

• Till now financial emergency has not been imposed even though the country faced a severe
financial crisis in 1991 and during the lockdown in 2020.

STATE LEGISLATURE (05:29 PM)

• Articles 168 To 212 deal with the state legislature.

• Six states in India have bicameral legislatures. (Uttar Pradesh, Bihar, Maharashtra, Karnataka,
Andhra Pradesh, and Telangana)

• Parliament has approved the Tamil Nadu legislative council but it is yet to come into
existence.

• The maximum strength of the state legislative assembly is 500 and the minimum strength is
60, but there some states where the strength is 30 like Goa and Sikkim.

• Delhi and Puducherry are the only UTs that have state legislative assemblies, recently the J &
K has been converted into UT and has a legislative assembly.

• State Legislative Council:

• Parliament can abolish or create a state legislative council.

• The state legislative assembly must pass a resolution to create the council and it must be
passed with a special majority.

• Once this resolution is passed, both the houses of the parliament must approve with the
simple majority.

• It will not be considered a constitutional amendment under Article 368.

• There is no scope for joint sitting if there is any deadlock between Lok Sabha and Rajya
Sabha.

• State assembly resolution is not binding on the central government which means the central
government can make independent decisions.

• Powers of the state legislative council:

• It has equal powers with the legislative assembly in the following aspects:

• a) Introduction and passage of ordinary bills, in case of a deadlock between assembly and
council, the Assembly prevails over the council.

• b) Approval of ordinances issued by the governor.

• c) Selection of chief minister and council of ministers but the CM and Council of ministers are
accountable only to the assembly.

• d) Consideration of reports of constitutional bodies like a state finance commission, or state

public service commission.

• State assembly has more power in the following matters:

• 1) Money bills can be introduced only in the state legislative assembly.

• 2) The Council can suggest amendments but the state assembly can either accept or reject
those amendments.

• 3) The speaker of the state legislative assembly has the power to decide whether a bill is a
money bill or not.

• 4) The Council can discuss the budget but it can not vote on demand for grants.
 • 5) The Council can not remove the CM or Council of Ministers but the CM and other Council
of Ministers can be from the state legislative council.

• 6) State legislative council can not vote on constitutional amendment bills.

• 7) Finally the existence of a state legislative council depends upon the will of the assembly.

• Members of the State Legislative Council:

• Its maximum strength can be 1/3 of the total members of the state assembly and a minimum
of 40.

• The 1/3 of the members shall be elected by the members of the Legislative Assembly of the
State from amongst persons who are not members of the Assembly.

• 1/3 are elected from local self-governance.

• 1/12 are elected from the graduates from the states.

• 1/12 are elected from the teachers.

• The remainder shall be nominated by the Governor from the field of art, humanity, science,
etc.

LOCAL SELF GOVERNMENT (05:58 PM)

• Why rural development is significant:

• At the time of Independence 90% of the population was living in rural areas and for a
maximum number of people agriculture was their main source of livelihood.

• Rural development was critical to the overall growth and development of the nation.

• From the perspective of food security

• According to the 2011 census, 67.5 % of the population lives in rural areas, and for almost
55% of our population agriculture is the main source of livelihood.

• From a political perspective, representative democracy can be transformed into

participatory governance only when local self-governance is empowered, for example India
has around 800 MPs and around 5000 MLAs/MLCs for a population of 140 crore, but with
the implementation of the 73rd amendment, there are 3.2 million people elected
representatives at the local level out of which 1/3 are women.

• From an administrative perspective, policies are formulated by the union and state
government but their implementation can take place at the union level, successful
implementation of these policies is possible only when the proper institutions are created at
the local level.

• From the Economic dimension, From a supply-side perspective food security is dependent
upon agricultural productivity.

• Agriculture as an activity takes place only in rural areas.

• From the demand side overall demand for goods and services depends upon rural areas.
 • From the Social and cultural dimension, empowerment of women, SCs, STs, OBCs, and
minorities is possible with the development of rural areas.

73rd CONSTITUTIONAL AMENDMENT (06:56 PM)

• In the 1950s as part of rural development, the union government started two important
schemes, a community development program, and a national extension service but both
these schemes resulted in failure, and the government-appointed Balwant Rai Mehta
Committee to find out the reasons for failure of these schemes.

• The committee has identified two important reasons:

• a) Failure of participation of stakeholders in the implementation process.

• b) Absence of local self-government.

• The committee has recommended people elect local self-government in rural areas.

• It has recommended three-tier governance with gram sabha or gram panchayat at the lowest
level.

• Mandal or block panchayat at the middle level.

• Zilla panchayat at top level.

• Rajasthan had implemented these recommendations on a pilot basis and Andhra

Pradesh became the first state to implement these recommendations followed by the states
of West Bengal, Kerala, Himachal Pradesh, and Karnataka.

• With an emphasis on a centralized planning process and top-down approach to its

implementation for a long period both central and state governments have not given any
importance to the empowerment of local self-governments.

• The Ashok Mehta Committee was appointed by the Janata government to suggest reforms
in local self-government in December 1977.

• It had recommended 2 tier governance at the local level with mandal panchayats at the
bottom level and Zilla panchayats at the top.

• Since local self-government is part of the state list, the union government has forwarded this
recommendation to state governments again most of the state governments have not shown
any interest in the implementation of these recommendations.

• In 1985, the G.V.K Rao committee was appointed by the planning commission and it
recommended the revival of panchayat raj institutions.

• In 1986, the L.M Singhavi Committee was appointed and it recommended constitutional
status to PRIs.

• In 1988, the Thungan Committee also recommended constitutional status to panchayats.

• In 1989, the 64th constitutional amendment bill was introduced to provide constitutional
status to panchayats but it was defeated in the Rajya Sabha due to resistance by opposition
parties.

• It was a phase of confrontational federalism.

• In 1992, The same amendment was reintroduced as the 73rd amendment and it was passed
by both the houses of parliament and also by the majority of the states.

• By 1995, almost all states had conducted elections for local bodies.

• In 2006, a Chief minister's conference was held in Delhi to review the performance of the
state governments in the implementation of the 73rd Amendment.

• The Planning Commission as part of the mid-term review conducted extensive research with
the help of the Indian Institute of Public Administration regarding the performance of state
governments in the implementation of this landmark amendment.

• Second ARC and M.N Punchi Commission on Center and State Relations also have submitted
reports regarding the implementation.

• All these committees and commissions have identified major weaknesses in implementation.

• Problems faced by Local self-government:

• As pointed out by Mahatma Gandhi real freedom is not getting freed away from Britishers
but it is about transforming our villages into self-sufficient and independent republics.

• Gram Sabha is the best example of direct democracy.

• It includes all elders of the village whose names are mentioned in the voters list.

• They are expected to come together, hold meetings regularly, and make decisions through
consensus but in reality,

• Gram sabha faced many practical problems:

• a) Size of Gram Sabha: When this amendment was passed it was assumed that the size of
Gram Sabha would be around 2000 people and they were expected to make collective
decisions but due to the increase in the overall population and also a rapid increase in
density of population in some states the average size of gram sabha has increased to almost
25,000 people.

• It has become practically impossible to conduct meetings of the Gram sabha.

• Solution: It is suggested that those big villages can be divided into wards for administrative
convenience.

• Ward sabhas can be held with a population not exceeding 2,000.

• Decisions taken by ward sabhas can be included in the decisions of gram sabha.

• b) Participation of Women:

• Due to patriarchial societies and rigid customs and traditions, it has become almost
impossible for women to participate in meetings of gram sabha, defeating the very purpose
of direct democracy.

• Solution: Separate Mahila sabhas can be held within the gram saha and decisions taken by
Mahila sabhas must be included in the overall decisions of gram sabha.

• c) Meetings of Gram sabhas are not held regularly and Gram panchayats unilaterally take all
decisions without the participation of Gram sabhas.
 • It is envisaged that gram sabha would be like an assembly at the local level and gram
panchayat like a council of ministers.

• Decisions taken by the assembly should be implemented by the Council of Ministers but in
reality meetings of gram sabha are never held regularly and gram panchayats take all
decisions without involving gram sabhas.

• Solution: It should be made mandatory that meetings of gram sabha should be held at least
three times a year on national holidays including 26 January,

• It should be made mandatory that gram panchayat should not implement decisions without
the permission of the assembly.

• Publicity should be created about meetings of the gram sabhas so that a maximum number
of people can attend them.

• In the last 30 years, the country witnessed a huge amount of migration of people from rural
to Urban areas, which has made it almost impossible for them to participate in meetings of
gram sabhas.

• Technology can be used to ensure their participation.

THE TOPIC FOR THE NEXT CLASS: RESERVATION TO WOMEN IN LOCAL GOVERNMENT.

Summary

Polity Class 35

THE CLASS STARTED WITH A BRIEF OVERVIEW OF THE PREVIOUS TOPICS (01:01 PM)

WOMEN RESERVATION IN LOCAL SELF-GOVERNMENT (1:08 PM)

• In India, women's reservation in local self-government was introduced through the 73rd and
74th Amendments to the Constitution in 1992.

• The objective of the reservation is to empower women by giving them a direct role in
governance and decision-making.

• The amendments mandate that one-third of the total seats in local bodies should be
reserved for women.

• Women's reservation in local self-government has had a positive impact on enhancing

women's political participation and leadership.

• It has led to the emergence of women leaders at the grassroots level and contributed to
more inclusive and participatory decision-making processes.

• While women's reservation in local self-government has been a significant step towards
empowering women in decision-making, it has also faced some challenges and issues.

• Some of the key issues include:

• Some women representatives may face barriers to actively participating in decision-making

due to social norms, lack of support from male counterparts, or inadequate resources.
 • In some cases, women's reservation may lead to token representation, where women are
elected as representatives but have limited real power and influence in decision-making
processes.

• Women representatives may face challenges in gaining political support and cooperation
from their male counterparts, which can hinder their ability to implement their agenda
effectively.

• Deep-rooted social norms and cultural attitudes may pose obstacles to women's active
participation in local governance.

• Discriminatory practices and traditional gender roles can limit women's mobility,
participation in public meetings, and access to resources.

• Women representatives, especially those from marginalized communities, may lack

adequate training and capacity-building support to effectively perform their roles as elected
representatives.

• Despite women's reservations, decision-making structures in local self-government may

continue to be male-dominated, with women having limited influence in critical decision-
making processes.

• Women representatives may face challenges in accessing resources and funds necessary for
implementing development projects and schemes in their constituencies.

• Strategies to enhance women's effective representation in local self-government may

include:

• Increasing awareness and sensitization about the importance of women's leadership and
participation.

• Providing capacity-building programs to enhance the skills and knowledge of women

representatives.

• Implementing measures to ensure safety and security for women representatives.

• Encouraging male counterparts to support and collaborate with women representatives in

decision-making.

• Addressing social norms and cultural practices that hinder women's participation.

• Ensuring equitable access to resources and funding for women representatives.

• Monitoring and evaluating the impact of women's reservation policies to identify areas for
improvement.

FINANCE OF LOCAL SELF-GOVERNMENT (02:35 PM)

• Sources for finances in Local self-governance are as follows:

• Local self-governments generate revenue through various means, including property taxes,
house taxes, land taxes, and other local taxes levied on properties, businesses, and services
within their jurisdiction.

• Local self-governments often receive grants and financial assistance from the state
government to support specific developmental projects, schemes, and operational expenses.
 • In India, the central government provides grants and financial assistance to local self-
governments to support their development initiatives and service delivery.

• Local self-governments may collect fees and charges for services they provide, such as water
supply, waste management, sanitation, licenses, permits, etc.

• Local self-governments may raise funds through loans and borrowings from financial
institutions or government agencies to finance large infrastructure projects and other
initiatives.

• Local self-governments may enter into partnerships with private entities to finance and
implement certain infrastructure projects or services.

• Local self-governance faces various challenges in generating adequate and sustainable

sources of finances to meet the growing demands for development and service delivery.

• Some of the key challenges include:

• Local self-governments often rely heavily on a few revenue sources, such as property taxes or
grants from higher levels of government.

• Tax compliance in local areas can be low, leading to reduced revenue collection from taxes
and other local fees

• In some cases, fiscal decentralization policies may not allocate enough financial powers and
resources to local self-governments, making them heavily dependent on grants and
allocations from higher levels of government.

• Resource allocation from higher levels of government may not be equitable, with certain
regions or localities receiving more funds than others.

• This can lead to regional disparities in development and service delivery.

• Some local self-governments may lack financial autonomy, with their spending decisions
being subject to approvals from higher levels of government.

• This can hamper the effective and timely utilization of available funds.

• Local self-governments may have limited borrowing capacity, making it challenging to raise
funds for capital-intensive projects through loans.

• Financial decisions of local self-governments may sometimes be influenced by political

considerations rather than being based on developmental priorities.

• Addressing these challenges requires comprehensive measures, including:

• Strengthening local revenue collection mechanisms and enhancing tax compliance.

• Ensuring fiscal decentralization policies that provide adequate financial powers and
resources to local self-governments.

• Promoting innovative financing mechanisms, public-private partnerships, and local

development funds to diversify revenue sources.

• Encouraging citizen participation in budgeting and financial decision-making processes.

CHANGES TAKEN PLACE IN RURAL AREAS (03:10 PM)

 • Adoption of modern agricultural practices, use of technology, improved irrigation methods,
and better access to seeds, fertilizers, and machinery have led to increased agricultural
productivity.

• Investment in rural infrastructure, such as roads, electrification, and water supply, has
improved connectivity and quality of life in rural areas.

• Increased focus on education and healthcare has led to better literacy rates and improved
health outcomes in rural communities.

• Government schemes and programs aimed at poverty alleviation, rural development, and
social welfare have provided support to vulnerable populations.

• Expansion of digital infrastructure and internet connectivity has brought information and
communication technology to rural areas, impacting education, agriculture, and business.

• Challenges/issues Local self-government facing:

• Migration to urban areas for better job opportunities.

• Local self-governments may face a shortage of technical expertise in areas like planning,
waste management, and infrastructure development, affecting the quality of services.

• Insufficient skilled personnel and trained staff limit the capacity of local self-governments to
deliver services effectively.

• Climate change impacts, environmental degradation, and natural disasters can add
complexity to local governance efforts.

• Low levels of civic participation and lack of awareness among citizens may hinder community
involvement in local governance processes

• The issues like huge control of Khap panchayats over the village administration/society.

• Some potential solutions to these challenges include:

• Implement financial management systems to ensure transparency and accountability in

budgeting and spending.

• Strengthen the capacity of local officials through training and skill development programs.

• Facilitate knowledge sharing and best practices among local self-governments to enhance
governance effectiveness

• Seek partnerships with private sector and development agencies to fund and implement
infrastructure projects.

• Foster a culture of citizen participation through awareness campaigns and community

outreach.

EDUCATION QUALIFICATION AS A CRITERIA FOR CONTESTING ELECTION AT THE LOCAL LEVEL (03:47
PM)

• Imposition of Educational Qualification for the contest of election at the local level:
 • The 73rd Amendment Act, passed in 1992, aimed to strengthen democracy at the grassroots
level by establishing Panchayati Raj institutions and devolving power and responsibilities to
local self-governments in rural areas.

• The imposition of educational qualifications for contesting elections at the local level can be
seen as a contentious issue that requires critical analysis.

• Arguments in Favor of Imposing Educational Qualifications:

• Proponents argue that educational qualifications can ensure that elected representatives
possess a basic level of knowledge and competence required to fulfill their roles effectively.

• It may help in better policy formulation and implementation.

• Educational qualifications might deter individuals with limited knowledge or vested interests
from contesting elections solely based on populist agendas.

• Elected representatives with educational qualifications may be better equipped to

understand complex issues and make informed decisions, thereby strengthening local
governance.

• Arguments Against Imposing Educational Qualifications:

• Requiring educational qualifications could exclude a significant portion of the population,

especially those from marginalized communities and economically disadvantaged
backgrounds, who may have limited access to education.

• Imposing educational qualifications may violate the principles of democratic representation,

which aim to give equal opportunities for political participation to all citizens.

• Educational qualifications do not necessarily correlate with practical wisdom or knowledge of

local issues, customs, and traditions, which can be equally valuable in the decision-making
process.

• The 73rd Amendment Act sought to promote grassroots democracy and inclusivity.

• Imposing educational qualifications may go against this objective by creating barriers to

political participation.

THE TOPIC FOR THE NEXT CLASS: URBAN LOCAL BODIES.

Summary

Polity Class 36

THE CLASS STARTED WITH A BRIEF OVERVIEW OF THE PREVIOUS TOPICS (05:02 PM)

PESA ACT, 1996 (05:02 PM)

• The 73rd Amendment applied to normal states, It has excluded the tribal areas and states
that are dominated by tribal populations.

• It does not apply to the states of Nagaland, Meghalaya, Mizoram, and certain other areas.
• These other areas include hill areas of Manipur for which the district council exists and the
Darjiling district of West Bengal.

• In 1996, Parliament passed the Panchayat Extension to Scheduled Areas (PESA)

• Important Features of the PESA, Act:

• State Governments are expected to enact the legislation in scheduled areas in consonance
with the traditions and customs of tribal peoples.

• Every Village shall have a Gram sabha and every Gram sabha is given the authority to
safeguard and preserve the traditions and customs of the people.

• Every Panchayat shall be required to obtain a certification on the utilization of funds from
Gram Sabha.

• Reservation of seats shall be in proportion to the communities present with the village and
reservation for scheduled tribes shall not be less than half of the total number of seats.

• All the positions of the chairperson should be reserved only for scheduled tribes.

• Planning and management of water bodies shall be entrusted to panchayats.

• Gram sabhas and Gram panchayats must give their approval to grant licenses for the
exploration of the minor minerals.

• The state legislature must ensure that panchayats at the higher level do not take away the
powers of gram sabhas or panchayats at lower levels.

• Panchayats also have the power to manage minor forest produce to implement prohibitions
to prevent alienation of forest land to prevent and control money lending to scheduled tribes
and formulate local plans for the utilization of resources.

• Major problems under PESA, Act:

• According to a recent study conducted by the NITI Ayog, Most of the states have failed to
implement this landmark legislation.

• For Example, Utilization certificates are given by panchayats without involving gram sabhas,
resulting in systematic corruption.

• The sale of the minor forest produce and utilization of minor water bodies is done without
involving the stakeholders at the lowest level.

• State governments have deliberately not defined the powers of gram sabhas.

• It led to exploitation by gram panchayats.

• Welfare and developmental schemes were approved and implemented on paper by gram
sabhas without having any real meetings at the ground level.

• Absence of political will, lack of clarity, absence of awareness among the tribal communities,
bureaucratic apathy, and resistance to change are major reasons for the failure of the PESA,
Act.

• In states like Jharkhand precious resources are given to private contractors without involving
stakeholders at the lowest level.
 • Criminal nexus between state politicians and district administration has made sure that this
landmark legislation would ultimately fail to realize its objectives.

• Way forward:

• Awareness of tribals about their rights.

• Make it much more effective by clearly defining the powers and responsibilities of the gram
sabha.

• It should also be made mandatory that the meetings of gram sabhas are held regularly and
gram panchayats should not be allowed to take any decisions without the approval of gram
sabhas.

• Sensitivity training of the bureaucracy and changing their value systems.

• Strict implementation of Environmental laws, rules, and regulations to protect the tribal
resources.

URBAN LOCAL GOVERNANCE (06:16 PM)

• The 74th Constitutional Amendment was enacted in 1992, to provide constitutional status to
urban local bodies.

• Urban local governments in India are under three different ministries at the central level.

• 1) Ministry of Housing and Urban Affairs.

• 2) Ministry of Defence in case of Cantonment Areas.

• 3) Ministry of Home Affairs in the case of Union Territory.

• Evolution of Urban development in India:

• In 1688, The first municipal corporation was set up in Madras.

• In 1726, Municipal corporations came up with Bombay and Calcutta.

• Then lord Mayo's declaration focused on the financial decentralization of Urban bodies.

• Lord Ripon's resolution on local self-governance, is also known as the Magna Carta of Local
Self Governments.

• He is also known as the Father of local self-government in India.

• As part of this resolution, Urban Local bodies are given certain functions to perform including
drinking water, Sanitation, Housing, Roads, Education, and Health.

• They were also given financial powers to perform these functions.

• Officials were asked to work under people-elected representatives in Urban areas.

• In 1919, the Government of India Act, introduced a diarchy in provinces where local self-
governance was transferred to Indian ministers.

• The Government of India Act, of 1935 has made local self-government a provincial subject.
• The 65th Constitutional Amendment Act, 1989 provided constitutional status to urban local
bodies but it was defeated in Rajya Sabha. Finally, it was passed as 74th CAA, in 1992.

• It has added Part 9A to the constitution.

• It consisted of Articles from 243P to 243ZG.

• It has added a 12th schedule to the constitution 18 subjects were transferred to Urban local
bodies.

• The act has envisaged three different types of Municipalities in Urban Areas;

• 1) Nagar Panchayats:

• It is an area that is in the process of transformation from village to Urban.

• 2) Municipal council:

• For smaller urban areas.

• 3) Munciple corporations:

• for larger urban areas

• Definition of Urban Areas: Under the 74th Amendment, the governor of the state is given the
power to define the Urban area.

• The Criteria are as follows:

• a) Population

• b) Density of the population

• c) Revenue generated for local self-government.

• d) Percentage of people employed in non-agricultural activities.

• e) Economic importance.

• f) Any other criteria decided by the Governor.

• Important features of 74th amenment:

• All members should be directly elected by the people and municipal areas are divided into
territorial constituencies known as municipal wards.

• There should be ward committees in municipalities having a population of 3,00,000 or more.

• Reservation of seats for SCs and STs and also 1/3 reservation for Women.

• Tenure is 5 years.

• State election commission is given the responsibility to conduct elections.

• Municipality has the power to formulate and implement plans.

• The State Finance Commission is responsible for the devolution of tax revenues and also the
distribution of grants in Aid from the consolidated fund of the states.
 • Municipality can also raise revenue by imposing certain taxes, collecting user charges, and
also by raising money through municipal bonds.

• Every state must constitute a district planning committee which is given the responsibility of
formulating plans for the entire districts.

• District Planning Committee:

• A district planning committee consists of elected members from both rural and urban local
bodies.

• 80% of the members of the DPC are elected representatives from the Panchayats, which
primarily represent rural areas, while the remaining 20% are elected representatives from
municipalities, which represent urban areas.

• These DPCs are expected to formulate the plans of the entire districts by aggregating the
plans of both rural and urban local bodies, but experiments with decentralized planning in
India have not been successful for the following reasons.

• 1) Out of 28 states only 14 states till now have constituted DPCs.

• 2) Out of these 14 states only very few of them have formulated plans.

• 3) Till now, all the states have constituted only a second state finance commission(SFC).

• Very few states have constituted the third SFC.

• No state has constituted a fifth State Finance commission without proper and accurate
information about finances, it becomes impossible for DPCs to formulate plans.

• Still there are a huge number of centrally sponsored schemes, which are implemented at the
state and local levels.

• Added to these Centrally sponsored schemes, state governments also implement their own
welfare schemes.

• It ultimately makes DPC irrelevant because of the centralized top-down approach to

development.

• Elections are not held regularly for local self-governments.

• Without elections it becomes impossible to constitute DPCs.

• Most of the members from rural and urban local bodies are from socially disadvantaged
groups.

• They do not have the education, skills, and knowledge to formulate plans for the districts.

• Attitude of bureaucracy, Bureaucrats who are supposed to much-needed assistance to these

DPCs suffer from colonial attitudes. It comes in the way of their effective functioning.

DIFFERENT TYPES OF URBAN LOCAL BODIES (07:50 PM)

• 1) Municipal Corporation:

• They are established by the state legislature and in UTs by Parliament.

• A municipal corporation has three authorities:

 • a) Municipal council:

• It is a legislative wing of a Municipal corporation.

• Members are directly elected and some members are nominated.

• It is headed by the Mayor.

• 2) Standing committees:

• They are headed by municipal councilors and they deal with subjects like education, health,
drinking water, sanitation, public works, and so on.

• 3) Municipal commissioner:

• A civil servant responsible for the implementation of plans formulated by municipal

corporations.

• Notified area committees:

• It is created for two different types of areas.

• a) A fast-developing town due to industrialization.

• b) A town in the process of becoming a municipality.

• The state government issues notification it is established under the state municipal act.

• It is completely a nominated body and its functions and responsibilities are defined in the
notification.

THE TOPIC FOR THE NEXT CLASS: URBAN LOCAL GOVERNMENT (To be Continued)

Summary

Polity Class 37

OTHER LOCAL BODIES (5:02 PM)

• Town Area Committee :

• They are set up for the administration of the small town.

• It is a semi-municipal authority and performed similar functions like maintenance of roads,

drainage and street light etc.

• They are created by an act of the legislature.

• The members are either nominated or elected.

• Cantonment Board :

• They are established for the civil population in the cantonment area.

• They are created under the provision of the cantonment act.

• They work directly under the Ministry of Defence.

 • At present, there are 62 cantonment boards in the country.

• Members are both nominated and elected for a period of 5 years.

• The military officer of the cantonment is the ex-officio chairman of the cantonment board.

• It performs similar functions to that of a municipality.

• Port Trust :

• They are established in port areas.

• They protect the ports and provide civic amenities to people.

• They are also created by an act of parliament.

• They have both nominated and elected members.

• Township :

• They are established by large public sector enterprises to provide civic amenities to their
worker and staff.

• They are an extension of public sector enterprises only.

• Special Purpose Agencies :

• They are also created by an act of the legislature or by an executive resolution.

• They function as autonomous bodies working independently of local self-government.

• They deal with subjects like public health, sanitation, water supply, urban planning, fire
services, urban poverty alleviation, regulation of land use and so on.

• Metropolitan Area Planning Committee :

• MPC will have to draft a separate developmental plan for their region.

• Two-thirds of the members are elected by elected members of rural and urban local bodies
and the rest of them are nominated by the state government.

CONTROVERSIES RELATED TO THE STATUS OF DELHI (5:48 PM)

• 69 Constitutional Amendment Act (CAA) had given special status to the National Capital
Territory of Delhi with the legislative assembly and an elected government.

• Under Article 239AA and 239AB, Delhi state legislative assembly have the power to
legislate on subjects in the status and concurrent list.

• The state government has the executive power to implement that legislation except for
public order, police and land. They are with the union government.

• It has resulted in jurisdictional conflicts between the Delhi state government and the Union
government.

• SC in 2018 ruled that parliament can legislate on any matter in the state and concurrent list
for Delhi but the executive powers lie with the state government except land, police and
public order.
• SC also ruled that the executive power of the union government does not extend to any of
the matters which come within the jurisdiction of the state legislative assembly

• SC also ruled that LG should act on the aid and advice of the council of ministers headed by
the CM.

• In case of any conflict between the CM and LG the matter can be referred to the president at
the same time at the same time SC also ruled that "any matter" does not mean "every
matter". It held that only conflicts should be referred to the presidents.

• In 2021, Parliament passed the government of NCT, Delhi amendment Act under this the
Government of Delhi means the LG.

• LG's opinions should be taken before the State government takes any executive actions on
the basis of cabinet decisions.

• LG also has the power to not give any assent to the will to be passed by the state legislative
assembly and also has the power to refer any bill for presidential consideration.

• Major problems :

• There is no accountability of LG.

• LG is under no obligation to implement any law passed by the state legislative assembly as
he is not responsible to the assembly.

• After the 2021 amendment, there is a complete concentration of power in the hands of LG.

• Under Article 239AB, LG can recommend for imposition of presidential's rule in Delhi but the
paradox is LG is administration of the Delhi.

• The presidential rule can be imposed for a breakdown of constitutional machinery. It means
LG will be recommending the presidential rule for his own failures.

• Recently, there is a controversy regarding services in Delhi. Delhi state government had
approached the SC regarding control of services (including all India Services officers and
central services)

• SC in 2023 ruled that services should be with the Delhi state government only following the
principle of ministerial responsibility.

• In a democracy, the political executive is responsible for policy-making and bureaucracy for
its implementation. Since the political executive is elected by the people and is also
accountable to the people, Bureaucracy must function under political executives

• C.G. has brought out an ordinance to nullify SC judgement, services will be decided by a
committee consisting of the CM of Delhi, the Chief secretory and the Home Secretary of the
Delhi state government. This ordinance was challenged in the SC by the Delhi state
government it has argued that it request a constitutional amendment to change the SC
judgement. SC has referred the matter to the constitutional bench.

• Solution :
 • SC held that LG must take into consideration aspects related to collaborative federalism,
constitutional balance and the concept of constitutional governance before taking any
decisions.

• SC also held that, both the constitutional dignitaries must resolve their differences in an
amicable manner and work together constructively.

• The administrative arrangement of America can be replicated in India also. For e.g. in the
USA, strategic areas and buildings in Washington DC are under the direct-controlled of the
federal government whereas the rest of the cities is under the control of local bodies.

• In India also strategic areas can be directly under the control of the CG and the rest of the
city administration can be the responsibility of the state government.

ELECTION COMMISSION (6:23 PM)

• Article 324 of the constitution provides that the power of conducting elections to the office
of President, Vice President, and Parliament shall be vested in the election commission.

• ECI shall consist of CEC and such number of other Election commissioners as
the president may from time to time fix it. Appointment of CEC shall be made by the
president.

• From 1950 til 1989 ECI was only a single-member body and it was made a multi-member
body in 1989 but in 1990 again it was made a single-member body.

• In 1993 two more election commissioners were appointed and from then onwards it
continue to be a multi-member body.

• The independence of ECI is ensured by providing security of tenure to CEC. He can be

removed on the same grounds as a judge of the SC.

• The service conditions of CEC cannot be varied to his disadvantage after his appointment.

• Another election commissionaire cannot be removed except on the recommendation of the

CEC.

• The constitution has not prescribed any qualification for the members of the Election
Commission.

• It has also not specified the term of a member of ECI.

• It has not prohibited retired from taking up positions within the government.

• RPA, 1950 and RPA, 1951 and Articles 81 and 170 laid out the maximum number of seats in
parliament and state legislative assemblies

• Allocation of seats is decided by the law, the parliament has enacted RPA, 1950 regarding the
allocation of seats in Lok Sabha and also in State Legislative assemblies and councils.

• RPI, 1950 also includes delimitation of the constituency, powers of election officers,
preparation of electoral rolls and so on.

• RPA, 1951 has a provision for the actual conduct of elections. It includes qualification and
disqualification for parliament and the state legislative assemblies, registration and de-
registration of political parties, conduct of elections, powers of election commissions
 regarding de-registration of political parties, model code of conduct, electoral offences and
corrupt practices.

• Article 82 provides for the readjustment of territorial constituencies.

MAJOR ISSUE (7:23 PM)

• Criminalization of politics:

• Role of Money power

• Use of Religion and Caste

• Model code of conduct

• Credibility of ECI

• Simultaneous conduct of the election

• Recognition and derecognition of political parties

• Electoral bonds

• Exit polls/Opinion polls

• State Funding of Elections

THE TOPICS FOR THE NEXT CLASS: ELECTION COMMISSION (CONTINUATION)

Summary

Polity Class 38

THE CLASS STARTED (IN CONTINUATION) AT: (04:59 PM):

CRIMINALIZATION OF POLITICS (05:03 PM):

• According to the ADR, 44% of MPs in Lok Sabha have criminal records against them.

• More than 44% of MLAs in all states have serious criminal records against them.

• Criminalization of Politics in India due to:

• Fragmentation of the Indian Polity.

• The inability of political parties to win elections either based on ideology or based on their
performance.

• Failure of our legal system to ensure timely justice.

• Failure of legislature & executive to come out with strong legislation to prevent the
criminalization of politics.

• Electoral outcomes in India are mostly influenced by emotional factors like religion, caste,
region & language, etc.

• Lack of awareness among the voters about the criminal history of the candidates.
SOLUTIONS (05:50 PM):

• Supreme Court in the Lily Thomas Case has amended Section 8 (1)(d) of the Representation
of Peoples Act, 1951.

• Wherein any person who is convicted for a period of two or more years can be automatically
disqualified as a Member of Parliament or Member of the State Legislative Assembly for Six
Years along with the conviction period.

• Previously a concocted person can approach Higher Judiciary within three months to get a
stay on conviction.

• If the Higher Court gives a stay on conviction then he can retain his membership.

• Supreme Court has removed the same provisions in the Liliy Thomas Case.

• Supreme Court judgment did not prevent the Criminalization of Politics as can be seen in the
ADR Report.

• Way Forward:

• Any candidate against whom an FIR has been filed can be allowed to contest the election.

• Once elections are over Supreme Court should set up Fasttrack Courts which should look into
all these cases & must come out with a judgment within a period of six months to one year.

• If the person is convicted irrespective of the period of the conviction, he should not be
allowed contest elections for the rest of his/her lifetime.

• He also should not be allowed to take part in political activities.

• Role Of Money Power:

• In the elections held to Lok Sabha in 2019, all Political Parties combined spent around 60,000
Crores.

• In the recently held elections to Karnataka Assembly, a candidate on average spent 30

Crores.

• According to the Election Commission rules & regulations, a candidate contesting Lok Sabha
can spend up to 90 Lakhs and in the case of State Assemblies, a candidate can spend 40
Lakhs.

• There are many loopholes in electoral laws e.g. while calculating the expenditure the ECI will
only take into consideration the actual amount spent by the candidate only and not by the
Political Party on behalf of the candidate.

• This loophole has been misused by the contesting candidates as on average a Lok Sabha
constituency has a population of around 30lakhs.

• Solutions: the ECI should increase the expense to a realistic level considering the increasing
population.

• It must also include the amount of money spent on the political parties in the overall
expenditure of the candidate.

• Black Money In Elections:

 • In the 2019 General Elections, all political parties combined spent 60K Crores but the amount
of money they have raised through Electoral Bonds is less than 5k Crores.

• The remaining money was unaccounted for.

• Under Section 29 (3) of RPA. 1951 the political parties are allowed to collect donations in the
form of cash up to 20 thousand rupees, known as small donations.

• They did not have to make the names of donors public & also the source of funds this proves
the involvement of black money.

• To reduce Black Money in 2017 the government introduced the Electoral Bond schemes by
making changes to the RPA, 1951.

• Under this scheme the amount of money received by the political parties in the form of cash
was reduced to two thousand only & anything above this threshold must be received
through Electoral Bonds.

• State Bank of India, is given the authority to issue the Electoral Bond. Individuals &
companies can buy these bonds within a range of one thousand rupees to one crore. Then
they can donate these bonds to political parties.

• The political parties will have to encash these bonds within 15 days.

• The names of donors will be kept secretive but this electoral bond scheme had come in for
severe criticism.

• The election commission criticized this scheme as the election commission's control over the
political donations will get reduced under Section 29, RPA, 1951.

• It is also said that foreign and shell companies can influence electoral outcomes by using the
anonymity clause.

• It can be a threat to National Security as the source of funds remains secret.

• It can also result in corporate exerting heavy influence over the political parties through their
donations.

• It has resulted in benefiting the ruling particular party at the Center.

• According to the ADR, more than 70% of the Electoral Bonds went to only the ruling political
party.

• Corporations are not willing to donate money to opposition political parties through this
scheme because the govt will have complete information about these donations and there
can be a witchhunt.

MEASURES: (06:29 PM):

• Section 29 must be amended and political parties are not allowed to receive any amount in
the form of cash.

• Every single rupee should be received in the form of an Electoral Bond and there must be
complete transparency regarding political donations.
• The people must have the right to know about the nexus between the corporate & political
parties.

• They can make their political decision more rationally with transparency in the funding
process.

• Similarly, political parties should be allowed to spend money only through digital
transactions. It will ensure transparency & accountability within the political system,

• Simultaneous Conduct Of Elections:

• In recent times there are many suggestions regarding the conduct of simultaneous elections.

• NITI Aayog has submitted a report regarding the feasibility of the simultaneous conduct of
elections.

• Law Commission has also given its opinion regarding the same.

• TIill 1967, Elections were conducted simultaneously for both Lok Sabha & All-State
Legislative Assemblies. But this cycle was broken after 1967 due to Article 356 & political
instability at the State level.

• Arguments in favor:

• 1) It can save huge amounts of taxpayer money.

• 2) It can ensure political stability.

• 3) Governments (Central & State) can take the decisive policy with the long-term interest of
the people in mind.

• 4) Political parties can focus on governance.

• 5) political populism can be reduced.

• 6) There can be little scope for policy paralysis in administration.

• Arguments Against:

• As pointed out by the Law Commission:

• It requires an amendment to at least 5 Articles in the Indian Constitution.

• It will benefit the National Political Parties at the cost of Regional Political Parties.

• For example, in Elections to the Lok Sabha National issues dominate whereas, in the State
Elections, regional problems determine the electoral outcome.

• With the simultaneous conduct of elections, National Parties will be in an advantageous

position compared to the regional parties.

• It can result in centralization & dominance by national parties and can go against the spirit of
federalism

• Even if simultaneous elections are held it will not guarantee political stability. On the other
hand, it creates a constitutional crisis.
 • For example, if a state govt. is dismissed by using Article 356 before the expiry of its term.
Should the state remain in the President's Rule for the rest of its term?

• Between 1989 to 1999 the country witnessed 5 General Elections to the Lok Sabha. It means
that simultaneously elections must be held for all state legislative assemblies also, which is
not at all possible.

• If any MP or MLA is disqualified, dies, etc, elections for the vacancy must be held within six
months. With simultaneous elections, these constituencies remained MP/MLA less.

• Solution: Simultaneous elections may not be practical for a country as vast & diverse as India
due to its highly dynamic federal polity instead, elections to Lok Sabha & some state
assemblies can club together.

• Democracy is essentially about accountability & if elections are held regularly it can result in
continuous accountability of political parties.

• Changes can be made to the Model Code of Conduct to allow the Central Govt. to announce
major policies even during to elections to State Legislative Assemblies.

MODEL CODE OF CONDUCT (07:05 PM):

• The Election Commission has been given the power to conduct free & fair elections. In this
regard in the 1960s Election Commission for the first time had come up with a Model Code
of Conduct (MCC).

• MCC is a set of guidelines issued by the Election Commission for Political Parties and their
candidates.

• These guidelines include election speeches, polling booth management, polling day conduct,
election manifestos, processions, public meetings & so on.

• The objective is to ensure a level playing field for all political parties as part of MCC:

• The ruling parties are to allow major policy announcements after the declaration of Elections
by the Election Commission.

• Similarly, the administrative machinery will have to function under the direct control &
guidance of the Election Commission.

• Political Parties must conduct their election campaign in such a manner so as not to hurt the
religious sentiments of the people.

• MCC is normal & ethical and it does not have legal backing.

• Any violation will result in Election Commission taking necessary actions against the
candidate.

• Implementation of MCC requires an impartial & unbiased election commission.

• In recent time appointments of members to the commission has become controversial as

political parties are keen to appoint their favorite & loyal bureaucrats to the Election
Commission.
 • Supreme Court recently ruled that appointment to members of Election Commissions
through a committee consisting of the Chief Justice, and leader of Opposition in Loka sabha
to ensure impartiality in the selection process.

• In 2013, Parliamentary Standing Committee on Personnel & Public Grievances, Law & Justice
recommended making MCC legal.

• The Election Commission has opposed it as the entire electoral process will be over in a short
period and if it is made legal it can result in a very lengthy judicial process.

• Use of Religion & Caste To Influence The Electoral Outcomes:

• It has been observed that political parties are using emotional issues like religion & caste to
win elections.

• Supreme Court has ruled they cannot be misused by the Political parties.

• But this judgment is difficult to implement because of the diversity India has.

• To win elections Political Parties must appeal to the different sections of society including
different religions & castes.

• It can not be considered a misuse of religion & caste. Instead of any legal solutions,
awareness must be created among the people regarding the intentions of the political
parties.

• India has the first-past-the-post electoral system which incentivizes political parties to divide
the societies in the name of these identities.

• Civil society organizations and media can be used to create awareness among the citizens so
that can vote in terms of the actual performance of political parties than these emotional
factors.

• Free Subsidies Offered By Political Parties:

• The country is witnessing competitive populism where particular parties are making
unrealistic promises in the form of free subsidies to win elections.

• Recently, Election Commission has been invited by the political party to discuss the same but
the majority of political parties have rejected the suggestions of the Elections Commission as
they felt that the issue is beyond the scope of powers of the Election Commission.

• It should be made mandatory for Political parties to explain the sources of financing these
subsidies so that there can be more transparency & accountability in the political system.

COMPTROLLER AUDITOR GENERAL OF INDIA (CAG): (07:30 PM):

• Article 148, talks about the CAG.

• The role of CAG is as follows:

• Audit the amount spent by govt at the Centre & State levels.

• CAG also audits the PSUs as well.

• After the auditing, the report is presented to the President of India.

 • And based on this report, Public Accounts Committee come out with its report.

• Problems With CAG:

• 1) Audit when the money is already spent & termed as a post-mortem exercise.

• 2) Line item budgeting also affects the auditing exercise.

TOPICS OF THE NEXT CLASS: Continuation of CAG & Other bodies.

Summary

Polity Class 39

BRIEF OVERVIEW OF PREVIOUS CLASS (1:01 PM)

Revision of CAG: Constitutional provisions and Financial Accountability etc

CAG (1:10 PM)

• Articles 148 to 151 determine the powers responsibilities and functions of CAG.

• It is responsible for auditing the performances of the ministry and department of the Union
government and also of central PSE.

• At the state level, CAG audits the performance of state ministries and departments.

• It can also audit the performances of Local bodies if requested by the president and
governor.

• CAG independence is ensured through the security of tenure.

• He can be removed in the same manner and on the same grounds as the judge of the S.C.

• He is not eligible for further offices under Central or state government after his tenure is
over.

• Internal expenses of CAG are charged by CFI of India.

• The tenure of CAG is 6 years or up to the age of 65 years whichever is earlier.

• The problem in the functioning of CAG

• Weakness:

• CAG performs a job that is post-mortem in nature i.e. he audits the accounts only after
money is spent. It becomes difficult to recover any losses to the government.

• Solution:

• CAG should be allowed to conduct a concurrent audit i.e. auditing is done as and when the
money is spent.

• It might slow down the efficiency of government but it can improve accountability in a
significant manner.

• It becomes easier to catch the culprits and recover losses from the government.
• Weakness:

• Recommendations of CAG are only advisory in nature. There is no legal binding on the
Government to implement the recommendations.

• For e.g. CAG pointed out the weakness in the functioning of railways in terms of signalling
systems and track maintenance but since they are only advisory, the Government never
takes these recommendations seriously. Thus, resulting in frequent trains accident.

• Solution:

• It must be made mandatory for all ministries and departments to implement the
recommendation within the specific time limit. Accountability must be ensured in case of
failure to implement recommendations

• Weakness:

• CAG conducts only legal and regulatory audits that are:

• 1. It evaluates whether the person has the necessary legal authority to spend the money or
not (legal audit)

• 2. It evaluates whether the money was spent strictly according to the rules and regulations
or not (regulatory audit).

• It cannot conduct a performance audit as India has only line item budgets which are budget
documents that only provide information about the money to be spent on a particular
purpose.

• It is not linked to either output or outcome. For example, if the Government is spending
80000 crores of rupees on NREGA, the budget does not provide any information about the
assets to be created with such a huge expenditure.

• Solution:

• India must move towards performance budgeting and outcome budgets so that CAG can
conduct performance audits also.

• Weakness:

• CAG Act, 1971 prohibits CAG from conducting performance audits of PPP.

• Since 1991, GoI has opted for PPP as the most preferred mode of investment in
infrastructure and industrialisation.

• As pointed out by many CAG reports, it has resulted in systematic corruption.

• Solution:

• CAG Act 1971 should be amended to give CAG, the necessary powers to conduct
performance audits of PPP deals. It can help is ensuring transparency and accountability in
the functioning of the government.

• Weakness:
• CAG can summon officials and ask for explanations regarding the expenditure spent by them
but if the officials are not present, CAG does not have any powers to take action against
them.

• It reduces the effective functioning of CAG.

• Solutions:

• CAG should be given powers to punish officials if they deliberately absent themselves from
those meetings.

• Weakness:

• CAG Act 1971 also prohibits CAG from auditing the performance of developmental and
welfare schemes.

• Since 1991 due to a huge amount of increase in the overall revenues of the government. The
Country has seen a huge amount of increase in expenditure on development and welfare
schemes.

• For e.g., in the 1990 budget around 9000 crores was spent on developmental welfare
schemes and subsidies in the current year budget (2023-2024) the expenditure is almost 15
lakh crore.

• Lakhs of crores of rupees of taxpayers' money are spent without any accountability. Because
CAG, 1971 does not allow CAG to conduct performance audits of these developmental and
welfare schemes.

• Solutions:

• CAG Act, 1971 should be amended to give powers to CAG to conduct the performance audit
of these welfare and development schemes also

• Weakness:

• India's CAG is inspired by British institutions.

• In Britain, it is called Controller and Auditor General while in India it is Comptroller and
Auditor General.

• In Uk, budget and Expenditure will be audited by CAG before it is tabled on the floor of the
house that is CAG can control the expenditure before it is spent whereas in

• India CAG does not have any powers in this regard.

• It comes into the picture only after money is spent.

• Solutions:

• CAG can be given powers to pre-audit the expenditure, it can provide its services to the
estimates committee also to reduce unproductive expenditure.

• Weakness:

• It has been found that most of the time, the government would take the shelter under
Official Secrets Act to deny critical information to CAG, which often reduces the effective
 functioning of CAG.
Solutions:

• OSA can be removed as recommended by Second Administrative Reforms Commission on

RTI, so that there is complete transparency in the functioning of the Government, they can
also help in improving the functioning of CAG also.

ATTORNEY GENERAL (2:34 PM)

• Article 76 has a provision for the attorney general

• He is the highest legal officer in the government

• He is appointed by the president and he must be qualified to be appointed as a judge of the

SC.

• Functions:

• To give advice to the GoI on all legal matters.

• To appear on behalf of the GoI in all cases in S.C. wherein the government is the main
litigant.

• He has to represent GoI in any reference made by the president to S.C. under Article 143.

• He can also appear in any H.C. wherein the GoI is the main litigant.

• He also has the right to an audience in all courts within the territory of India.

• He can also participate in the proceeding of both Lok Sabha and Rajya Sabha and also in the
joint session of parliament.

• He can also attend meetings of parliamentary committees in which he is a member but he

cannot vote on the floor of the house.

• Removal procedure:

• Our constitution has not prescribed any fixed term for the attorney general.

• He holds office at the pleasure of the president.

• The Constitution also did not prescribe any for his removal.

• The president can remove the attorney general at any point in time.

• He can also resign by submitting his resignation to the president.

• He is appointed by the president on the basis of advice given council of ministers (CoM)
headed by the PM and COM is dissolved attorney general appointed under their advice
would also cease to hold office.

• Controversy related to the Attorney General:

• ADM Jabalpur case, 1976:

• The attorney general argued before the SC that the Right to Life and Personal liberty is not
absolute and can be suspended under MISA.
 • He also argued that the court has no authority to question the power of the state.

• He also argued that government has the power to take away even the life of the person
under MISA.

• Ram Jethmalani Vs Soli Sorabjee:

• Ram Jethmalani was the law minister in the NDA government and Soli Sorabjee was an
Attorney General.

• The law minister made a comment regarding the Sri Krishna committee report which
contradicted the statement made by Attorney General in the SC.

• Finally, the Law minister was forced to resign.

• Attorney General Mukool Rohatgi made a comment against SC judges regarding the NJAC
bills.

• SC has expressed its displeasure and Attorney General was forced to apologise to SC for his
comment.

CENTRAL ADMINISTRATIVE TRIBUNAL (CAT) (3:23 PM)

• Our judiciary is burdened with a huge amount of cases. At present, there are more than 50
million cases that are pending with our judiciary at all levels.

• Since 1967, the country has witnessed the politicisation of civil services. political executive
using instruments like transfers, suspension and posting to control the functioning of the
bureaucracy.

• It is also said that the grievance redressal mechanism is one of the weakest aspects of the
Indian administration to overcome all the above problems administrative tribunals have
come into existence.

• CAT is established under Article 323 A of our constitutions for adjudication of disputes wrt
recruitment and other service conditions under the union government and other authorities
under the control of the union government.

• Grievances of civil servants include recruitment, transfers, cadre allocation, postings,

promotions, suspension and removal.

• Administrative tribunals have come into existence under the administrative tribunal act, of
1985.

• Features:

• It is distinguishable from ordinary courts with regard to its jurisdiction and its procedures.

• Its jurisdiction is restricted only to service matters.

• It need not follow the technical procedure of ordinary courts.

• Any Aggrieved person employ can directly appear in front of the tribunal.

• There is no need for any lawyers.

 • The functioning of tribunals is guided by the principles of natural justice and it is not bound
by the Civil procedure code followed by the judiciary.

• Initially, the decision of CAT could be challenged only before the SC of India by filing special
leave petitions.

• However, SC in Chandra Kumar vs Union of India (1997) held that orders of CAT can be
challenged in the High courts also by way of writ petitions under articles 226 and 227 of our
constitutions.

• Performance of CAT:

• It has 16 branches all over the country.

• It has a total strength of 69 members out of which 34 are judicial members and the
remaining members are civil servants.

• A bench of CAT consists of one judicial member and one civil servant.

• Since 1985, CAT has received 13350 cases from HC and subordinate courts.

• From 1985 till 2022 the CAT has received 880085 cases and it has disposed of 8004272 cases,
it has disposal rate of 91.18%

• In recent times most of the states have abolished state administrative tribunals because
judgments given by the tribunals were routinely challenged in the HCs

• On the other hand, CAT continues to be effective as HC and SC exercise extreme caution
while taking up cases related to CAT.

NCSC/NCST/NCBC (3:53 PM)

• National Commission for scheduled caste and scheduled tribes (NCSCt):

• It is a constitutional body established by Article 338 of our constitutions.

• 65 CAA provided for the establishment of a high-level multimember national commission for
scheduled caste and scheduled tribes.

• 89 CAA bifurcated it into two separate bodies i.e. National Commission for scheduled caste
(Article 338) and National Commission for scheduled tribes (Article 338A)

• NCSC it had come into existence in 2004 after bifurcation it has a chairperson, vice
chairperson and 3 other members.

• They are appointed by the president, and their condition of service and tenure are also
determined by the president.

THE TOPICS FOR THE NEXT CLASS: NCSC, NCST AND NCBC (CONTINUATION)

Summary

Polity Class 40

THE CLASS STARTED WITH A BRIEF OVERVIEW OF THE PREVIOUS CLASS (05:01 PM)
NATIONAL COMMISSIONS FOR SCHEDULED CASTE, SCHEDULED TRIBES AND OBCs (05:05 PM)

• Functions of these commissions:

• They investigate and monitor all matters related to the constitutional and other legal
safeguards for the SCs, STs, and OBCs and evaluate their functioning

• To enquire into specific complaints with regard to the deprivation of rights and safeguards of
SCs, STs, OBCs, etc.

• To participate and advise on the planning process of the socio-economic development of

these sections and evaluate their performance.

• To present to the president annually the reports regarding working these safeguards.

• To make recommendations regarding measures to be taken by the Union or State

governments regarding the socio-economic development of these sections.

• To discharge such other functions in relation to the protection, welfare, development, and
advancement of these sections.

• The commission submits its annual reports to the President and the President tables these
reports before the parliament along with actions taken report regarding recommendations
made by the commissions.

• Powers of these various commissions:

• These commissions have the power to regulate their own procedure.

• They have the power to investigate any matter related to SCs, STs, and OBCs.

• It has the power of a civil court.

• These commissions can summon any person from any part of India and examine him on
oath.

• It can demand any document from the government.

• It can receive evidence from affidavits, It can request any public record from any public court
or office.

• Analysis of these Commissions:

• Even though these constitutional bodies came into existence their functioning is far from
satisfactory.

• On the positive side, they had come out with constructive suggestions to protect the rights
and privileges and these suggestions have also been included by the government in various
legislations.

• On the other hand, the politicization of these commissions is a problem in their independent
and unbiased functioning.

• In order to make these institutions more credible, recruitment to these bodies should be
done strictly on the basis of merit.
 • Those members of NGOs or Civil society organizations who have been working for a long
period of time in these domains should be appointed as members of these commissions.

• These commissions should also be given the powers of contempt of court so that they can be
effective in safeguarding the interests of vulnerable sections.

COOPERATIVE SOCIETIES (05:52 PM)

• Mahatma Gandhi strongly believed in the cooperative society as he believed that it would
make rural life prosperous.

• Land Ceiling legislation which was included in the 9th schedule has failed to achieve the
desired outcomes.

• With the rapid increase in population, the country has witnessed the fragmentation of
landholdings in Agriculture.

• It becomes almost impossible for small farmers to introduce innovations with the objective
of maximizing output.

• In the 1960s, the Government of India initiated landmark reforms in the form of cooperative
societies but it was not successful as Indian farmer is emotionally attached to the land.

• In the 1990s, The country had opted for liberalization, privatization, and globalization but it
has not benefitted the agriculture sector.

• In order to make agriculture a business or an Industry, the government has revived the
cooperative movement.

• The 97th Constitutional Amendment Act was passed in 2011 to provide constitutional status
to cooperatives.

• It made the right to form cooperatives a fundamental right under Article 19(1) of the
constitution.

• It also included a new DPSP on the promotion of cooperative societies under Article 43B.

• It also added a new part 9B to the constitution.

• Cooperative Societies Act, is central legislation, whereas cooperative societies are state-
subject under entry 32 in the seventh schedule of our constitution.

• In recent times the country has witnessed rapid expansion in the cooperative movement.

• It also resulted in the emergence of Multistate cooperatives, where the members and their
areas of operation are spread across more than one state, they are registered under the
Multistate Cooperative Societies Act, of 2002.

• For Example, There are many sugar cooperatives which are present in the state of
Maharashtra and Karnataka.

• Recently the government has made changes to the Multi-state Cooperative Societies Act.

• It was found that there was a lot of corruption in the management of these cooperatives.

• The board of directors takes all decisions without involving members.

 • Elections are not held regularly by these cooperatives.

• Administrative and financial control of these cooperatives is not in the hands of the state
government.

• The legislation passed by the parliament recently, is the response to overcome all these
weaknesses.

• It seeks to establish cooperative rehabilitation, reconstruction, and development funds for

the revival of sick multistate cooperative societies.

• The Supreme Court had shut down the provisions related to the central government gaining
control over the single-state cooperatives.

• It has ruled that entry 43 of the Union list in the 7th Schedule makes it clear that the state
cooperatives are not under the scope of the central government.

SPECIAL PROVISIONS FOR SOME STATES (06:23 PM)

• These are included in the constitution to satisfy the aspirations of the people of backward
regions.

• To protect the cultural and economic interests of tribal people.

• To deal with law and order problems in some states.

• Article 371:

• The president is authorized that the governor of Maharashtra and Gujarat would have
special responsibility for the establishment of separate development boards for Vidarbha,
Marathvada region.

• The governor of Gujarat has special responsibility for the development of Saurashtra, Kutch,
and the rest of Gujarat.

• These development boards must prepare reports regarding the activities performed and they
should be placed before the state legislative assembly every year.

• They must ensure equal arrangements for providing technical education and vocational
training.

• They must also focus on improving employment opportunities for people from these regions
in state civil services.

• Article 371A:

• It is a special provision related to Nagaland, The acts of the parliament would not apply to
Nagaland unless the state legislative assembly approves them.

• a) Religious and social practices of Nagas.

• b) Naga customary law and procedure.

• c) Administration of civil and criminal justice involving decisions according to Naga customary
laws.

• d) Ownership and transfer of land and other resources.

• The governor of Nagaland shall have special responsibility for the maintenance of law and
order in the state.

• The Governor consults the council of ministers but makes his own decisions and his decisions
are final.

• The governor also must ensure that the money provided by the central government for
specific purposes is included in the demand for grants for the same purpose of the state
government.

• There shall be a regional council for the district of Tuensang, consisting of 35 members and
the administration of the district is the responsibility of the governor and the governor shall
be guided by the council.

• Article 371B - Special Provisions for Assam:

• The president is empowered to create of committee for the Assam state legislative assembly
consisting of the members of the tribal areas to protect their interests.

• Article 371C - Special Provisions for Manipur:

• The president is authorized for the creation of a committee of the Manipur legislative
assembly consisting of the members from Hill areas of the state.

• The governor also has a special responsibility to ensure the proper functioning of these
committees.

• The governor also must submit an annual report to the president regarding the
administration of the hill areas.

• The central government can give directions to the state government regarding the
administration of hill areas.

• Article 371D & E - Special Provisions for Andhra Pradesh, Telangana:

• Initially the article was only for the United state of Andhra Pradesh and after AP State
Reorganization Act was passed in 2014, It was extended to Telangana also.

• The president is empowered to provide equitable opportunities and facilities for people
belonging to different parts of the state in the matter of public employment and education.

• Reservations can be provided in direct recruitment to vacancies in state governments.

• Article 371F:

• 36 CAA made Sikkim a full-fledged state of India.

• It included Article 371 F, Under this Sikkim legislative assembly shall consist of not less than
30 members.

• One seat is alloted to sikkim in Lok Sabha.

• The number of seats in the state legislative assembly should be reserved for different
sections of society depending on their population.

• The governor has a special responsibility for peace and equitable development of different
sections of the Sikkim population.
 • The governor can act according to his own discretion.

• The president can extend to Sikkim any law that is enforced in the state of the Indian Union.

• Article 371 G: Mizoram:

• The acts of parliament relating to the matters would not apply to Mizoram unless the state
assembly approves them.

• Matters are similar to the state of Nagaland.

• Legislative assembly is to consist of not less than 40 members.

• Article 371 H: Arunachal Pradesh:

• As per the act, the governor of Arunachal Pradesh shall have the special responsibility for law
and order in the state.

• The Governor can make his own decisions with regard to law and order and his decisions are
final.

• The State assembly consists of not less than 30 members.

• Article 371 I: Goa

• The Goa legislative assembly should consist of not less than 30 members.

• Article 371 J: Karnataka:

• It was inserted by the 98th CAA of 2012, There shall be a separate development board for
special status to six backward districts of the Hyderabad-Karnataka region, It must also have
equitable distribution of the funds for development.

• There would be a reservation of seats for vocational educational training for students
belonging to this region.

STATUTORY BODIES (07:26 PM)

• They are created by an act of Parliament.

• Parliament defines its functions responsibilities, powers, and privileges.

• Parliament also defines their mode of appointment and their service conditions.

• They are established to reduce the burden of the judiciary.

• Examples of these statutory bodies include the National Human Rights Commission, the
National Commission for Women, the Central Vigilance Commission, SEBI, the National
Green Tribunal, CCI, TRAI, IRDAI, PFRDA, and the National Commission for Minorities. etc.

• National Human Rights Commission:

• It has come into existence as part of global constitutionalism.

• The United Nations Human Rights Commission recommended that the member countries of
the UN come up with a human rights commission in their own countries to protect the right
to life and liberty, equality, and dignity guaranteed by their constitution.
• NHRC came into existence in 1993, through legislation passed by the parliament i.e.
Protection of Human Rights Act, 1993.

• Objectives of NHRC:

• Strengthening institutional arrangements through which human rights issues can be

addressed in a more focused manner.

• To look into human rights excesses independently of the government.

• To complement and strengthen efforts to protect human rights.

• To create awareness among ordinary citizens about human rights.

• Composition of NHRC:

• It is a multi-member body consisting of a chairperson and five members.

• The Chairperson shall be a retired CJI of India or a judge of the Supreme Court of India and
members should be a serving or retired chief justice of the high court, a serving or retired
judge of the supreme court, and three people from the field of human rights.

• Appointment of members to NHRC:

• They are appointed by the president on the recommendations of a six-member committee

consisting of the Prime minister, the Speaker of Lok Sabha, the Deputy chairperson of the
Rajya Sabha, the Leader of Opposition in Lok Sabha and Rajya Sabha, and the Union home
minister.

• A sitting judge of the Supreme Court or sitting CJ of the High Court can be appointed only
after consultation with CJI.

• Tenure:

• They are appointed for a period of 3 years or the upper age limit is 70, whichever is earlier.

• They are eligible for reappointment.

• After their tenure is over they are not eligible for any other appointment within the
government.

• Functions:

• To enquire into any violation of human rights by a public servant.

• It can take up cases on its own or petitions presented before it.

• They can be involved in any proceeding involving human rights violations pending before the
court.

• They can visit prisons to study the living conditions of the prisoners and give suggestions to
improve them.

• To review constitutional and legal safeguards for the protection of human rights.

• To encourage the efforts of anyone working in the human rights field.

 • Violations of human rights include child labor, custodial death, violence against women and
children, etc.

THE TOPIC FOR THE NEXT CLASS: STATUTORY BODIES (To be Continued)

Summary

Polity Class 41

A BRIEF OVERVIEW OF THE PREVIOUS CLASS (05:02 PM)

STATUTORY BODIES (05:06 PM)

CRITICAL ANALYSIS OF NHRC

• Recommendations of NHRC are only advisory in nature.

• NHRC can not award any monetary compensation

• NHRC can not look into human rights excesses committed by Armed Forces

• NHRC does not have a separate investigative mechanism of its own. It has to depend on law
enforcement agencies only to conduct investigations.

• It can not investigate cases that are more than one year old. It does not have the powers of
contempt of court. It can summon officials but can not do much if they are deliberately
absent.

• Appointment of members is also a major issue because all these statutory bodies are
becoming offices for ruling party politicians and retired bureaucrats. They are fast losing
credibility in the eyes of the stakeholders.

• In recent times, NHRC has also come under criticism for not taking up important cases
related to the violation of Human Rights.

WAY FORWARD (05:15 PM)

• Those people who are working in the field of human rights and who have credibility should
be appointed as members of NHRC.

• NHRC Act can be amended to remove the provision of appointing former chief justice as the
head of the NHRC.

• NHRC must have a separate investigative mechanism of its own to investigate cases

• NHRC should be given the powers of contempt of court, It should be also given the power to
award Monetary compensation in human rights violation cases/

• This one-year rule should be removed with regard to taking up of cases by NHRC. It has been
misused by the Central government to avoid accountability.

• Recommendations of NHRC can be made mandatory, with the central government

submitting and action taken reports regarding recommendations bade by NHRC

• NHRC should also be given the power to investigate access committed by Army also, with
necessary safeguards.
COMPARING OF CONSTITUTIONS (05:27 PM)

COMPARISON OF INDIA AND USA

• Features of the USA constitution

• It has a presidential form of democracy.

• It has a written and Rigid constitution

• USA is an example of a classic federation and it is also a Republic

• It has a bicameral legislature- Senate and House of Representatives

• It has an independent Judiciary and Due process of Law.

• It has Weberian Bureaucracy [* Weber's model= Merit-based recruitment, Positions are not
hereditary in nature, secrecy, written communication, Rule boundedness, Heiracrchy]

• It has equal protection of laws

• It has a clear-cut separation of powers between the three organs of state. The executive is
independent of the legislature

• Impeachment of the president is a difficult and complicated process. It requires a 2/3rd

majority in both the Senate and House of Representatives

• Residual powers are given to the States

• In local self-government, it has a council-manager form of government

• It has Dual citizenship

• Political rights of civil servants are restricted

• Senate is the most powerful house

• Central Auditing agency is Comptroller General

• Recruitment is based on both Merit System and Spoils System

• Similarities between the American and Indian constitutions

• Both of them have written constitutions that have defined the structure of government, the
rights of citizens, and other aspects of Governance

• Both of them are Republics

• In the functioning of the Judiciary, India has adopted due process of law.

• Both countries have Weberian Bureaucracy and both countries have Bicameral legislature

• Difference between the American and Indian constitutions

• America has a Presidential form of democracy and India has a Parliamentary form of
democracy

• India has only single citizenship and America has dual citizenship
 • America is an example of a classic Federation whereas India has Federalism in form but
unitary in Spirit

• America has an independent Judiciary whereas India has an integrated judiciary.

• America has equal protection of laws whereas India has Equality before the law and Equal
protection of laws (Substantive and Procedural).

• India has Procedures established by Law and due process of Law whereas American Judiciary
functions only on the basis of Due process of law.

• America has a clear-cut separation of powers whereas India has a separation of Functions
but not of powers. It is based on the principle of checks and balances.

• In America, a person who has taken birth on American soil can become the President of
America whereas, In India, a person who gets citizenship by Naturalization or by Registration
can also become head of the state.

• Residual powers are with the Union government in India.

COMPARISON OF CONSTITUTION BETWEEN THE UK AND IN INDIA (05:49 PM)

• Features of the UK constitution

• It has a constitutional monarchy. The head of the state is the King or the Queen. The position
is hereditary in nature.

• It has a parliamentary democracy.

• It has an unwritten constitution.

• It has a unitary state

• Local self-governments do not have many powers or freedom.

• It has Weberian Bureaucracy

• Individual ministers are accountable for their performance

• Central Auditing agency is the Controller and Auditor General.

• Judiciary functions on the basis of procedure established by law.

• It has Parliamentary sovereignty

• FRs are the outcomes of traditions and customs and also Judicial pronouncements

• It has a bicameral legislature- the House of Commons and House of Lords. House of
Commons is more powerful.

• Council of Ministers is responsible to the House of Commons

• It has equality before the law as part of the Rule of law.

• Similarities between the UK and Indian constitutions

• Both countries have a parliamentary democracy

• There is no strict separation of powers between the three organs of the state
 • Both countries have equality before the law

• Functioning of Judiciary- Both countries have Procedures established by law.

• Both countries have a bicameral legislature

• Both countries have a single citizenship

• Bpth the countries have Weberain bureaucracy

• Political rights of civil servants are restricted

• Differences between the UK and Indian constitutions

• India has a written constitution whereas the UK has an unwritten constitution

• India has limited parliamentary sovereignty whereas the UK has absolute parliamentary
sovereignty

• UK is a unitary state whereas India has federalism

• In India there is collective responsibility of the Council of Ministers whereas in the UK there
is Individual accountability

• India has the due process of law along with Procedures established by Law

• India has equal protection of laws along with equality before the law

• Local self-governments in India have more power

• Council of States in India i.e. Rajya Sabha has more powers and functions whereas in
comparison to the House of Lords

• India has a republic where in Head of the state is elected whereas, in the UK, it is a
constitutional Monarchy

COMPARISON OF CONSTITUTION BETWEEN INDIA AND FRANCE (06:03 PM)

• Features of the Constitution of France

• France has a written and Rigid constitution. It has a unitary state and is a Republic.

• It has a semi-presidential form of Government.

• French President is elected through proportional representation i.e. the candidate must get
more than 50% of the votes. President is elected directly by the People. President has the
power to select the Prime Minister and the Council of Ministers.

• If the same political party rules then President can become a real executive, if different
political parties occupy the positions of President and Prime Minister then the powers of the
President are restricted.

• France also has a bicameral legislature- the Senate and National Assembly.

• France has Administrative laws

• Local self-governments do not have much autonomy.

• Its Financial Year is from January to December

 • It has single citizenship. It also has Weberian Bureaucracy.

• The head of the state is the President. The lower house is more powerful.

• France has Administrative courts or Tribunals.

• Judicial Review is absent.

• Auditing agency is the Court of Accounts

• Differences between France and Indian constitutions

• France has a semi-presidential form of democracy whereas India has Parliamentary

democracy

• Election to the office of President- In France, the President is directly elected by the People
through the Proportional Representation system, in India president is elected indirectly by
electoral college through Proportional representation by a single transfer of vote.

• France has a Unitary state whereas India has Federlaims

• France has Administrative law and Judicial review is absent whereas In India, both
Administrative law and the Rule of law are present and judicial review is also present.

• French concept of secularism was based on the non-recognition of religion and state policies
dominating religious traditions and customs. The Indian concept of secularism is much more
broad-based and is a positive concept. The state recognizes all religions, respects traditions &
customs, and does not discriminate against people on the basis of their religious identities.

COMPARISON OF CONSTITUTION BETWEEN INDIA AND JAPAN (06:26 PM)

• Features of the Japanese constitution

• Japan has a rigid and written constitution

• It has a constitutional Monarchy

• Japan is a unitary state

• It has a parliamentary democracy and bicameral legislature i.e. House of Representatives

(Lower House) and House of Councillors (Upper House). The lower house is more powerful

• Local self-governments are known as Prefectures.

• Japan has Weberian Bureaucracy and judicial review is also present.

• It has a capitalist economy and also has Indicative planning

• The head of the state is Emperor and the position is hereditary in nature

• Central Auditing agency is the Board of Audit.

VARIOUS JUDICIAL OR LEGAL DOCTRINES (06:48 PM)

• Doctrine

• A Judicial doctrine is a principle, theory, or position that is usually applied and upheld by a
court of law
 • Doctrine of Basic structure

• It had its origins in the German constitution.

• SC has not clearly defined the basic structure or contents of Basic structure but over a period
of time, it has included the following

• a) Parliamentary democracy

• b) Fundamental Rights

• c) Secularism

• d) Federalism

• e) Independence of Judiciary

• f) Judicial review

• In 1975, Supreme Court invalidated the 39th Constitutional Amendment Act as it violated the
basic structure of the Constitution. SC also invalidated NJAC as it violated the basic structure
of our constitution.

• Doctrine of Separation of powers

• It signifies the division of powers between the three organs of the state i.e. Legislature,
executive, and Judiciary.

• It has three important features-

• a) The same person should not form part of more than one of the three organs of the state

• b) One organ should not interfere with the functioning of any other organ.

• c) One organ should not exercise the functions assigned to any other organ.

• In the Indira Gandhi v/s Raj Narain case, 1975, SC ruled that separation of powers is part of
the basic structure of our constitution

DOCTRINE OF PITH AND SUBSTANCE (07:01 PM)

• It is taken from the Canadian constitution. India adopted it during the pre-independence
period under the GOI Act 1935.

• Pith means true nature, and substance means the most important or essential part of
something.

• It is usually applied with regard to subjects in the seventh schedule. It is applied when a
question arises regarding whether a particular law leads to a particular subject or not.

• Under Article 246, State legislatures are competent to make laws under the state list. If there
is a conflict between the laws made by the state legislature and by the Parliament, this
doctrine is used.

• Example- Parliament passed three farm laws. The content belongs to the state list i.e.
Agriculture.

DOCTRINE OF INCIDENTAL AND ANCILLARY POWER (07:09 PM)

 • It can be traced to the British Legal system. It is developed as an addition to the doctrine of
Pith and substance.

• The doctrine of pith and substance deals with only the subjects whereas the doctrine of
Incidental and Ancillary powers deals with the power to legislate on those subjects and
matters connected to them.

• For example- Article 4 of the Constitution talks about the power to make consequential
changes in the law on matters incidental to the law providing for altering the names of the
state under Articles 2 & 3

• Article 169 talks about the powers of parliament on the abolition or creation of legislative
councils in the states

• SC in the state of Rajasthan v/s G Chawla case, 1958 ruled that the power to legislate on a
topic of legislation carries it with the power to legislate on any Ancillary matter.

DOCTRINE OF SEVERABILITY (07:19 PM)

• It is also known as the doctrine of Separability. It has its roots in the British Legal system. Its
basic objective is to protect Fundamental Rights of citizens.

• Under Article 13(1), if any of the laws enforced in India, are inconsistent with the provisions
of the constitution or with Fundamental Rights, they shall to the extent of the inconsistency
be void.

• Example- Section 66 A of the IT Act

• In A K Gopalan v/s State of Madras, SC ruled that in the case of inconsistency to the
constitution, only the disputed provisions of the Act will be void and not the whole
legislation.

DOCTRINE OF ECLIPSE (07:27 PM)

• It deals with the relationship between Pre-constitutional laws and FRs Guaranteed under the
constitution of India. It is applied when any law or Act violated the FRs of the people. In such
a case, FRs overshadow the law or Act and make it non-enforceable but not void.

• It becomes Eclipsed or covered by the shadow of the constitution as a result, the law
remains in existence but becomes unenforceable against citizens i.e. it can not be used or
enforced to infringe upon the FRs of the citizens.

• It can be re-enforced if restrictions posed by FRs are removed but at the same time, it can
remain in operation against Non-citizens. It is derived from Article 13 (1). It does not apply to
post-constitutional laws.

DOCTRINE OF TERRITORIAL NEXUS (07:37 PM)

• It is a legal principle that governs the applicability of laws enacted by a state legislature
within its territory.

• This doctrine is derived from Article 245 of our constitution. Article 245(1) states that the
power of state legislature to make laws extend to the whole territory of the state.
 • It means the Authority of the state legislature is limited to the Geographical boundaries of
the state.

• Article 245 (2) clarifies that No law made by the parliament would be deemed invalid merely
because it may have an extra-territorial operation.

DOCTRINE OF COLORABLE LEGISLATION (07:43 PM)

• It is also known as the Fraud on the constitution as it involves attempting to deceive or

mislead about the true intention behind the legislation. It comes from a Latin saying that
"Whatever legislature can not do directly, it can not do indirectly also".

• This doctrine deals with situations wherein a legislative body attempts to enact legislation on
a subject beyond the scope of the Legislative body. It is usually applied to Article 246 which
delineates the distribution of legislative powers between the parliament and the state
legislatures.

• Three Farm Bills are an example of Colorable legislation.

DOCTRINE OF FEDERAL SUPREMACY (07:49 PM)

• It emphasizes that the central Government has authority over the state governments in
certain matters as mentioned in the constitution.

• In the state of West Bengal V/S UOI, 1963, SC used this doctrine for the first time. The
judgment highlighted the fact that the Indian constitution follows a centralized structure
with the states occupying a secondary position in certain matters where the union
government has exclusive authority.

• According to this judgment Legislative and executive powers of the state governments are
subject to the respective powers of the Union Government. In case of any conflict, Union
Law or Action prevails.

The Topic for the next class:- Other Judicial Doctrines- Doctrine of Harmonious Construction, UPSC
Prelims, and Mains paper discussion.

Summary

Polity Class 42

A BRIEF OVERVIEW OF THE PREVIOUS CLASS (05:01 PM)

DOCTRINE OF HARMONIOUS CONSTRUCTION (05:04 PM)

• It means such constructions by which harmony or oneness can be arrived at among various
provisions of law. The court must avoid a complete clash of contradictory provisions between
central and state laws and reduce these conflicts to a minimum.

• When it is not possible to completely reconcile the differences in the contradictory

provisions, the court must interpret them in such a way so that effect is given to both
provisions as much as possible.

• The objective is to harmonize both legislations rather than making them completely Null and
Void.
 • In the Kerala Education Bill, 1951, SC held that in deciding the FRs and DPSPs doctrine of
harmonious construction should be taken into consideration to strike a balance between
both of them.

DOCTRINE OF PLEASURE (05:15 PM)

• It has its origins in British law.

• The Governor of the state is appointed by the President of India under Article 155 of our
constitution. The Governor holds office at the pleasure of the president which means the
president can remove the governor from his office without citing any specific reason.

• Under Article 310 of our constitution, civil servants including members of All India Services
and other central services hold office at the pleasure of the president.

• However, Article 311 provides certain safeguards to protect civil servants from arbitrary
dismissal. It states that civil servants can not be dismissed removed or reduced in rank by any
authority subordinate to the one that appointed them.

• Article 311(2) specifies that No civil servant can be dismissed or removed from service except
after an inquiry in which they have been informed of the charges and also have been given a
reasonable opportunity to respond.

DOCTRINE OF REPUGNANCY (05:31 PM)

• Repugnnacy between contradiction between two laws which when applied to the same set
of facts would produce different results.

• It is used to describe inconsistency and incompatibility between the central and state laws
when applied in the concurrent list.

• Repugnancy arises when two laws are so contradictory with each other that the application
of any one of them would imply a violation of others.

• According to Article 254, if any part of the state law is repugnant or conflicting with any part
of the central law that parliament is competent to enact then the central law made by the
parliament shall prevail and the state law shall become void.

DOCTRINE OF JUDICIAL REVIEW (05:36 PM)

• This doctrine has its roots in the American judicial system. It states that the judiciary has the
authority to examine decisions made by the legislature and executive.

• It also has the authority to decide the constitutionality of the legislation.

• In India, the SC has the final authority to decide the constitutionality of decisions.

DOCTRINE OF LACHES (05:39 PM)

• Constitutional remedies are provided to citizens for the violation of Fundamental Rights.
They are expected to be careful, responsible, and Vigilant and approach the judiciary within
a specific time period.

• If the Judiciary believes that the case has lost its relevance due to time lag, it can reject the
application. But this doctrine is of only academic interest as it is not applied in reality.
 • The court believes that justice should be done irrespective of the time period.

DOCTRINE OF PROSPECTIVE OVERRULING (05:46 PM)

• It is a legal principle that allows a higher court to overrule its own previous judgment but
limits the application of overruling to Prospective cases (Future cases).

• It means that judgment will affect cases filed after the date of the new decision.

• This doctrine is used to strike a balance between the need for legal certainty and the
necessity of correcting wrong judgments.

• SC in the Golaknath case held that it has the power to overrule its previous judgments but
the Judgment will be applied prospectively but not retrospectively.

DOCTRINE OF WAIVER (05:53 PM)

• It is a legal principle that allows individuals to voluntarily relinquish certain rights or benefits
granted to them by law.

• By relinquishing the right, the individuals are giving up their entitlement to exercise that
right.

• Individuals have the freedom to relinquish statutorily rights given to them by the
government in a voluntary manner but they cannot do so in case of constitutional rights.

CBI AND ENFORCEMENT DIRECTORATE (06:01 PM)

• Background- During the Second World War, there was severe corruption and thus British
government created this body.

• It got its proper structure in 1963.

• At present, 10 states have withdrawn the general consent given to the CBI. [* After the
withdrawal of General consent, CBI can investigate the case inside the state after getting the
SC or HC approval]

• Criticism

• It lost its autonomy and it has become an extension of Government.

• SC called CBI a "Caged Parrot" which repeats its master voice.

• Failure- Bofors Scam- it was worth 64 crore and CBI took 26 years to submit the closure
report. In this "Investigation Tourism", CBI spent 250 crores.

• Serious allegations of Corruption against the CBI directors.

• ENFORCEMENT DIRECTORATE

• It is part of the Department of Revenue, Ministry of Finance, Government Of India.

• The Directorate of Enforcement is a domestic law enforcement agency and economic

intelligence agency responsible for enforcing economic laws and fighting economic crime in
India.

• ED is responsible for enforcement of the Foreign Exchange Management Act, 1999 (FEMA),
and certain provisions under the PMLA.
 • In present circumstances, ED has been given more power under the PMLA and FATF
provisions.

• Solution

• a) The solution has to come from the people only.

• b) We need to move towards a political culture based on conscience.

STRATEGY FOR MAINS (06:29 PM)

• Polity- 130-140 marks.

• Areas from which UPSC asks the question

• Constitutional development & preamble

• Parliament & President

• Judiciary

• Union-state relations

• Local self-government- One question

• Constitutional Bodies- CAG, Attorney General, NCST, NCBC, etc

• RPA 1951

• Statutory bodies - NHRC, NGT, NCW, etc

• Executive organizations- CBI, ED

• FRs and DPSPs

• Current Affairs- June to September

• Sources

• Handwritten notes and handouts are given in class.

• 2013-2023 PYQs

STRATEGY FOR PRELIMS (07:00 PM)

• From polity and Governance- 14-22 questions

• Areas to Cover in Prelims

• a) Constitutional development

• b) Preamble, Citizenship, and States- Article 1-4

• c) FRs and DPSPs- Solve all the UPSC PYQs

• d) Parliament- Parliamentary committees, RS, LS, etc

• e) Center-state relations- Related to current events.

 • f) Judiciary and SC judgment- make a list of SC judgments and divide the SC judgment into
various parts - FRs and DPSPs, Federalism, Constitutional bodies, Environment, Related to
vulnerable sections.

• g) Constitutional or statutory bodies.

• h) Rural and Urban local governments.

• Sources

• Book- Laxmikant.

UPSC MAINS PAPER DISCUSSION (07:27 PM)

• Environment cases- M C Mehta case, Art of Living Case on Yamuna Flood Plain case, etc.

• Strategy to write main answers.

THE POLITY COURSE IS COMPLETED FOR THIS BATCH.