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(a) Political Strategies of India’s
Freedom Struggle: |
Early Nationalist adopted
constitutional methods: which includes that of Moderates.
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Constitutionalism to mass
Satyagraha, Non-cooperation, Civil Disobedience; |
Introduction Non-Cooperation movement (NCM) and
Civil Disobedience Movement (CDM) were main events of the Indian freedom
struggle that were based on Gandhian ideologies. However, they had major
differences. Body
Conclusion Though both the Non-cooperation
movement and civil disobedience movement had many differences, they helped
break the myth of benevolent despotism of british raj and unifying masses for
future movement for independence. What is
Constitutionalism? The concept of
constitutionalism is a mechanism that provides legitimacy to a democratic
government. It cannot and should not be confused with the legality of the
acts of the officials in a government setup. Constitutionalism is far more
important than having a written Constitution. With some exceptions most of
the countries have Constitutions but it in no way means that they practice
constitutionalism. Some of the basic principles developed over time that
embody the concept of constitutionalism are separation of powers, judicial control and accountable
government. In India,
constitutionalism is considered to be a natural corollary to the fundamental
governance of the country. The Constitution
of India with the aid of various legislations has developed a detailed and
robust mechanism to put into place administrative mechanisms for the smooth
functioning of the machinery of governance. However, due to a
variety of factors, the distance between the government and the governed has
been growing with every passing year. The rich are getting richer and the
poor have resigned to their fates, areas which were backward sixty years ago
remain as such. The concept of
constitutionalism has been recognised by the Supreme Court in Rameshwar
Prasad v. Union of India. The Court stated, “The constitutionalism or
constitutional system of Government abhors absolutism – it is premised on the
Rule of Law in which subjective satisfaction is substituted by objectivity
provided by the provisions of the Constitution itself.” In IR Coehlo v. State of Tamil Nadu, the Court held that
Constitutionalism is a legal principle that requires control over the
exercise of governmental power to ensure that the democratic principles on
which the government is formed shall not be destroyed. Chandrachud, CJ, in
Minerva Mills case observed, – “The Constitution is a precious heritage and,
therefore, you cannot destroy its identity”. Principles of
Constitutionalism Constitutionalism
is an amalgamation of the following underlying principles:
Separation of
Powers Separation of
powers divides the mechanism of governance into three branches i.e., Legislature,
Executive and the Judiciary. This not only prevents the monopolization of
power, but also creates a system of checks and balances. As this division of
powers is in the Constitution itself, this becomes an effective tool for
ensuring Constitutionalism. Responsible and
Accountable Government
In a democratic
setup, the government is elected so that it can serve the people who help
elect it. It is in this sense that the electors have a right to demand
accountability and answers from their government. Therefore, when the
government fails the expectations of the electorate, the authorization to
govern is revoked by voting them out. Popular
Sovereignty The concept of
popular sovereignty lays down that the government derives its legitimacy from
the people. No corporate body, no individual may exercise any authority that
does not expressly emanate from it. Even though there is a certain sovereign
entity that is empowered to govern, ultimate sovereignty resides in the
nation. The power of such a sovereign entity emanates from the public. Rule of Law The presence of
rule of law means that the government does not belong to men but to the laws.
Dicey lays down three essential components of Rule of Law: Nobody is to be
punished except for a specific breach of law that is established in an
ordinary legal manner before ordinary courts of law. No one is above
the law. Courts play a
vital role in protecting the rights and freedoms of an individual. Independent
Judiciary The independence
of the Judiciary is the essence of any liberal democracy and the foundation
of a free society. The Judiciary is the upholder of Rule of law and if its
independence is taken away, it puts the entire rule of law in jeopardy. The
Constitution also envisages the separation of the judiciary from the
Executive under Article 50. Individual Rights The rights of the
individual shall be at the highest pedestal for constitutionalism to thrive.
The constitutional setup in India gives these rights the importance that they
deserve by engraving them in Part III of the Constitution. These individual
rights have not only been protected by the courts but have also been interpreted
in a manner where their effect and implementation has broadened. The
enforcement of these rights is ensured by the Constitutional Courts i.e.
the Supreme Court and the High Courts. Civilian control
of the military Apart from these
features, constitutionalism envisages that the control of the military should
be in the hands of a civilian government so that the military does not
interfere in the democratic decision making or attempt a military coup. Police
Accountability Constitutionalism
also envisages that police while performing its duties shall uphold the
rights, freedoms and dignity of the individuals, the same can be ensured by
bringing the police under the control of laws and courts. Conclusion The concept of
constitutionalism has existed and thrives in all functioning democracies.
However, over the years the Governments have learned to use government
apparatus for their own benefits instead of benefitting the citizens. The
government by giving backdoor entries to corporate interests in policy-making
has vitiated the policymaking process whose primary aim is the welfare of the
larger population. The very document that was adopted to ensure the rights of
individuals is being used to suppress and disenfranchise them. The problem is
that the Constitution cannot interpret itself and has to be interpreted by
the men who hold power. The institutions that were the bulwark of
Constitutionalism are either crumbling or have been effectively rendered weak
and incapable. Checks and balances have been diluted to a point where their
importance is merely academic. The criminalisation and influence of money
power into the corridors of politics and governance have worsened an already
volatile system. The frustrations that are building up due to the apathy of
the government in utter disregard of constitutionalism are extremely
dangerous and this slide needs to be stopped. From <https://www.drishtiias.com/mains-practice-question/question-900>
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Militant and Revolutionary
Movements, |
The Revolutionary Movement The emergence of revolutionary ideology
in India during the late nineteenth and early twentieth century was the
result of several internal and external influences working on the minds of
the youth. Early phase of revolutionary
movement in India was in Bengal, Maharashtra, Punjab, U.P., Orissa, Bihar and
Madras provinces, but it predominantly operated in Bengal, Maharashtra and
Punjab as these regions were more politically active than other parts of the
country. The reasons behind rise of
revolutionary terrorism Nationalism among youth:Most vital factor which contributed to amplify the spirit of
nationalism among the countrymen was the ‘economic exploitation’ of Indians
by the British Government and the Partition of Bengal. Failure of Moderate and extremist
congress:Younger element was not ready to
retreat after the decline of national militancy phase. Fallout of Swadeshi
and Boycott Movement was the immediate reason. Leadership’s failureto tap revolutionary energies of the youth. Government repressionleft no peaceful avenues open for the protest. Inspired from the individual heroic
action on the lines of Irish nationalistsor Russian nihilists. Ideological appeal of ideas:Freedom through revolution, heroic action, supreme sacrifice,
Assassinate unpopular British officials, strike terror in hearts of rulers
and arouse people to expel the British with force attracted the new
nationalists. Impacts of revolutionary terrorism The era of revolutionary terrorism
began and very soon secret societies of the revolutionaries came up all over
the country. The Anusilan Samiti, the most famous and long lasting secret
society, with its headquarters at Calcutta created revolutionary centres all
over India. Their activities took two forms-
the assassination of oppressive officials, traitors and informers, and
dacoities to raise funds for the purchase of arms, etc. It had its impact on the Congress
strategy to involve the youths in the short term programme of rural
reconstruction. Their sacrifices aroused the
emotions of the Indian people and thus helped the building up of the national
consciousness which certainly contributed to gaining independence. It could not mobilize the masses.
In fact, it had no base among the people. They believed in individual
heroism. This movement failed to achieve its
object of independence. With the death of Chandrasekhar Azad in a shooting
encounter in a public park at Allahabad in February 1931, the revolutionary
movement virtually came to an end in Punjab, U.P. and Bihar. Surya Sen’s martyrdom also marked
an end to the terrorist activity in Bengal. A process of rethinking on the
part of the revolutionaries lodged in jails and in Andaman began. A large
number of revolutionaries turned to Marxism. Decline of Revolutionaries post 1930’s Despite gaining popularity and a
dedicated following, both the terrorist and the revolutionary movements could
not achieve their objectives of freeing India from the British. This was
because There was no central, all-India
level organization which could control the activities in an organised manner; These movements appealed to the
youngsters who had faced the hostilities of the British rule, but the mass
following in the rural belt was unavailable; Germany, which promised arms and
funds to be used against Britain could not deliver; The US entry and its subsequent
dominance in the world war demoralised Germany and the allies to be of help
to the Indian cause; Montagu’s package of
self-governance for the Indians took the fizz out of the revolutionary
activists; The congress party and other upper
middle class politicians and leaders always disapproved of the ways of these
movements; and Gandhi’s entry into the political
scene of India marked a revolution in the form of satyagraha, which
contributed to the decline of the revolutionary and terrorist activities. Conclusion: Although they had failed to attain
set objectives of attaining independence through armed revolt, they were successful
in arousing people and remove the fear of authority from their minds and
strike terror in the heart of the rulers The revolutionary
movement in India for the freedom struggle The First Case: Chapekar Brothers
(1897) The first political assassination
of a British officer in India post-1857
Revolt. Brothers Damodar, Balkrishna and
Vasudeo Chapekar shot at WC Rand, ICS, Chairman of the Special Plague
Committee in 1897. Rand’s military escort Lieutenant
Ayerst died on the spot whereas Rand died a few days later due to wounds. The brothers were against the
atrocities committed by the British authorities under Rand during the plague
epidemic in Pune. The government in order to curb the
spread of the epidemic ended up harassing Indians and employing extreme
measures. All the three brothers were hanged
for the assassination. Alipore Bomb Conspiracy Case (1908) Also called Muraripukur conspiracy
or Manicktolla bomb conspiracy. Douglas Kingsford was an unpopular
British Chief Magistrate who was the target of the bomb thrown at Muzaffarpur
(Northern Bihar). Unfortunately, the carriage at
which the bomb was targeted contained two English ladies and not Kingsford.
The two women died in the attack. Revolutionaries who threw the bomb
were Prafulla Chaki and Khudiram Bose. Chaki committed suicide while Bose,
then only 18 years of age, was caught and sentenced to death by hanging. The other people who were tried in
the case were Aurobindo Ghosh and his brother Barin Ghosh, Kanailal Dutt,
Satyendranath Bose and more than 30 others. They were all members of the
Anushilan Samiti in Calcutta. Aurobindo Ghosh was acquitted due
to lack of evidence and others served varying life-terms in prison. Curzon Wyllie's Assassination
(1909) The India House was an organisation
in London involved in the freedom struggle of India mainly engaging Indian
students in the UK as its participants. Patrons of this organisation
included Shyamji Krishna Varma and Bhikaiji Cama. India House became the centre of
revolutionary activities for Indian independence outside India. The organisation was liquidated
after the assassination of an army officer Curzon Wyllie by its member Madan
Lal Dhingra in 1909. Howrah Gang Case (1910) Also known as Howrah-Sibpur
Conspiracy case. In this case, 47 revolutionaries
associated with the Anushilan Samiti were arrested and tried for the murder
of Inspector Shamsul Alam. Alam was investigating the
revolutionary activities of the Samiti and was trying to link and consolidate
the murders and robberies into a single case. The case brought to light the work
of revolutionary Jatindranath Mukherjee. Despite attempts, the case could
not establish the links, mainly due to the decentralised nature of the
Samiti. Of all the accused, only
Jatindranath Mukherjee and Narendranath Bhattacharjee were sentenced to
one-year imprisonment. Delhi-Lahore Conspiracy Case (1912) Also known as the Delhi Conspiracy
Case. This was an assassination attempt
on Lord Hardinge, the then Viceroy of India. The revolutionaries were led by
Rashbehari Bose. A homemade bomb was thrown into the
viceroy’s howdah (elephant-carriage) during a ceremonial procession in Delhi.
The occasion was the transfer of the British capital from Calcutta to Delhi. Lord Hardinge was injured while an
Indian attendant was killed. Bose escaped being caught whereas a
few others were convicted for their roles in the conspiracy. Kakori Conspiracy (1925) This was a case of a train robbery
that occurred near Kakori in Uttar Pradesh. The attack was led by the youth of
the Hindustan Republican Association (later renamed Hindustan Socialist
Republican Association) including Ram Prasad Bismil, Ashfaqulla Khan,
Chandrashekhar Azad, Rajendra Lahiri, Thakur Roshan Singh and others. It was believed that the train
carried money bags belonging to the British government. One person was killed during the
robbery. The revolutionaries were arrested
and tried in court. Bismil, Khan, Lahiri and Roshan
Singh were sentenced to death. Others were sentenced to deportation or
imprisonment. Chittagong Armoury Raid (1930) Also known as Chittagong Uprising. This was an attempt by
revolutionaries to raid the police armoury and the auxiliary forces armoury
from Chittagong (now in Bangladesh). They were led by Surya Sen. Others
involved were Ganesh Ghosh, Lokenath Bal, Pritilata Waddedar, Kalpana Dutta,
Ambika Chakraborty, Subodh Roy, etc. The raiders were not able to locate
any arms but were able to cut telephone and telegraph wires. After the raid, Sen hoisted the
Indian flag at the police armoury. Many of the revolutionaries
involved escaped but some were caught and tried. The government came down heavily on
the revolutionaries. Many were sentenced to imprisonment, deported to the
Andaman, and Surya Sen was sentenced to death by hanging. Sen was brutally
tortured by the police before he was hanged. Central Assembly Bomb Case (1929)
& Lahore Conspiracy Case (1931) Revolutionaries Bhagat Singh and
Batukeshwar Dutt sought to draw attention to their revolution by throwing a
bomb along with leaflets in the Assembly House at Delhi. They did not attempt to escape and
were arrested and jailed for the act. Their intention was not to hurt
anyone but to popularise their revolutionary activities and philosophy. Bhagat
Singh was re-arrested in connection
with the murder of a British police officer, JP Saunders. This case was
called the Lahore Conspiracy Case. Saunders was killed mistakenly as
the real target was another police officer, James Scott, who was responsible
for the lathi charge that killed Lala
Lajpat Rai. Others involved in this killing
were Sukhdev, Rajguru and Chandrashekhar Azad. They were all members of the
Hindustan Socialist Republican Association (HSRA). While in prison, Bhagat Singh,
Rajguru and Sukhdev along with other political prisoners went on a hunger
strike to demand better conditions of prisoners in the jails. After the trial, all three were
sentenced and executed by hanging in March 1931. Azad was martyred the same
year in February in a gun battle with the police in a park in Allahabad. Frequently Asked Questions related to
Revolutionary Movement in India Who initiated the revolutionary
movement in India? It was Aurobindo Ghosh, his brother
Barin Ghosh, Bhupendranath Datta, Lal Bal Pal and Subodh Chandra Mullick
initiated the revolutionary activity against the British rule. They formed a
Jugantar party in April 1906 AD as an inner circle of the Anushilan Samiti. Who is regarded as the ‘Father of
Revolutionary Thoughts’of India? Bipin Chandra Pal is known as the
‘Father of Revolutionary Thoughts’. He was among the triumvirate of Lal, Bal,
Pal which consisted of Lala Lajpat Rai, Bal Gangadhar Tilak, and Bipin
Chandra Pal
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Worker Movements |
Rise of Working Class: The modern working class arose
in India with the introduction of capitalism in the 19th century under
colonial dispensation. It was a modern working class in
the sense of relatively modern organisation of labour and a relatively free
market for labour. This development was due to the
establishment of modern factories, railways, dockyards and construction
activities relating to roads and buildings. Plantations and railways were the
initial enterprises to herald the era of colonial
capitalism in Indian subcontinent. Industrialisation in India: Port cities Bombay,
Calcutta and Madras became the centres of the capitalist
economy. Cotton mills in Bombay, jute mills in Calcutta, and several
factories in Madras were set up in the late 19th century. Similar
developments took place in the cities of Ahmedabad, Kanpur, Solapur and
Nagpur. The first jute mill of
India was set up in Calcutta in 1854 by a Scottish
entrepreneur. The ownership of the cotton
mills was with the Indian entrepreneurs, while that of jute
was with the foreigners for a long time. Workers’ Movement in
Pre-Independence India Initial Attempts to Improve
Workers’ Conditions: Attempts were made in
1870-1880 to better the working conditions of the workers by legislation. Till the Swadeshi
surge of 1903-08, there was no concerted
effort to better the working conditions of the labour. Again between 1915-1922, there
was resurgence of workers’ movement along with the Home
Rule Movement and the Non-Cooperation
Movement. The earlier attempts to improve the
economic conditions of the workers were in the nature of philanthropic
efforts which were isolated, sporadic and aimed at specific local grievances. Workers’ Movements before the
Emergence of Trade Unions: Plantation and Mine Workers: The plantation and mine workers were heavily exploited but their
conditions did not attract much attention initially as they
were away from the notice of early social reformers, journalists and public
activists. Despite this isolation, the
plantation workers, on their own, registered their protests against
the exploitation and oppression by the plantation owners and
managers. Industrial Workers: The cotton and jute industry workers were more
in the public gaze. The early social workers and philanthropists
were also involved with them facilitating better organisational work
as well as better reporting and public support. Formation of Organisations: In Bengal, Sasipada
Banerjee founded the ‘Working Men’s Club’ in 1870
and started publishing a monthly journal in Bengali entitled ‘Bharat
Shramjibi’ in 1874. The Brahmo
Samaj formed the ‘Working
Men’s Mission’ in Bengal in 1878 to impart moral education among the
workers. It also established the ‘Working
Men’s Institution’ in 1905. In 1890 in Maharashtra, N.M.
Lokhandey established the ‘Bombay Millhands’ Association’,
and in 1898, he started publishing a journal entitled ‘Dinbandhu’ in
Marathi. The Bombay Millhands
Defence Association formed by Bal
Gangadhar Tilak in 1908. However, these bodies were
primarily interested in welfare activities and did not
have much organisational base among the workers. Emergence and Growth of Trade
Unions: Cause of Emergence: The trade unions emerged in India after World
War I. The main factors that led to the
emergence of trade unions include: Rising prices of essential
commodities. Decline in the real wages of
workers. Increase in the demand for the
industrial products resulting in the expansion of Indian industries. Gandhi's call for the Non-Cooperation
Movement. The Russian Revolution. Formation of Trade Unions: The Madras Labour Union, formed
in April 1918, is generally considered to be the first trade union in
India. B.P. Wadia, a nationalist leader and an associate of Annie Besant, was
instrumental for its organisation. The Textile Labour
Association, also known as Majur Mahajan Sangh, was
established in Ahmedabad in 1920. The union was formed following the
agitation of mill workers of Ahmedabad demanding for a bonus to compensate
for the rise in prices. This union worked along Gandhian
lines and became very strong over the years. All India Trade Union Congress
(AITUC): A New Edge to the Workers’
Movement: The most important
development in the workers’ movement was the formation of All-India
Trade Union Congress under the leadership of Bal Gangadhar
Tilak and Lala
Lajpat Rai. Since then the working class
movement became strong and by 1930 onwards, an ideological tone was added to
the movement. Cause of Formation: Many people connected with labour realised that there was
a need for a central organisation of labour to coordinate the
works of the trade unions all over India. The formation of the International
Labour Organisation (ILO) in 1919
acted as a catalyst for it. The members selected from AITUC
represented the Indian Labour at the ILO. Leaders Involved: Bal Gangadhar
Tilak, N.M.Joshi, B.P.Wadia, Diwan Chamanlall, Lala Lajpat Rai and Joseph
Baptista were the main leaders
behind the formation of AITUC. Lala Lajpat Rai became the
first president of the AITUC and Joseph Baptista its vice
president. Lajpat Rai was the first to
link capitalism with imperialism: “imperialism and militarism are
the twin children of capitalism”. Ideology of AITUC: In the beginning, the AITUC was influenced by social democratic
ideas of the British Labour Party. The Gandhian philosophy of
non-violence, trusteeship and class-collaboration had great influence on
AITUC. The Trade Union Act, 1926: The act recognised trade unions as
legal associations. It laid down conditions for
registration and regulation of trade union activities. It secured civil and criminal
immunity for trade unions from prosecution for legitimate activities, but
also put some restrictions on their political activities. Role of Communists: Emergence of Communists and CPI: The most important phenomenon in the field of labour movement in
India was the emergence of the communists. The communist ideology, deriving
from the theories of Karl Marx and Vladimir Lenin, assigns
the working class the central place. The Communist Party of
India (CPI), formed in Soviet Union in 1920, soon after its
formation, became active in the labour movements. Role in the Movements: The communists organised the workers in cotton mills of Bombay
and jute mills of Calcutta, besides many other industries and led militant
struggles. Role in Splitting the AITUC: By 1928-29, the communists gained a marginal majority in the
AITUC. Splitting the Moderates: In the tenth session of the AITUC held in Nagpur, the
communists called for the dissociation from the ILO and association
with the League against Imperialism. The moderate and reformist group
were against the idea and consequently left the AITUC and formed the Indian
Federation of Trade Unions (IFTU). Splitting the Nationalists: Another split occurred in 1931 due to divergence between the
nationalist and communist opinions. The communists severely
criticised Gandhi and condemned the Round
Table Conference of 1931 in which the Indian
National Congress was
participating. Unable to secure a majority for
this condemnation, the communists split from the nationalists and
formed the Red Trade Union Congress (RTUC). By 1931, there were three national
federations of trade unions – the AITUC, the IFTU and the RTUC. Reunion of Trade Unions: It was felt by many trade union leaders that the division in
their ranks was creating problems for their political and economic struggles. As a result, the Railway
Unions and some unaffiliated unions united with the IFTU to form
the National Federation of Trade Unions (NFTU) in 1933. Consequently, the RTUC, and
the AITUC also united in 1935 and the name AITUC was retained for the
unified organisation. Workers’ Movement in
Post-Independence India Formation of New Unions: The post-independence period saw the formation of a number of
trade unions such as Bharatiya Mazdoor Sangh (BMS) and Centre
of Indian Trade Unions (CITU ) CITU was formed by Communist Party
of India (Marxist), splitting from AITUC. Legislations Framed: The Industrial
Dispute Act, 1947 and Labour
Relations Bill and Trade Unions Bills, 1949 were introduced. Decline in Strikes: Between 1947-1960, the condition of the working class improved
and there was a decline in the number of strikes. Economic Recession: The period of late 1960s saw decline in the wages of the working
class; as a result, disputes in the industrial front increased. New Economic Policy, 1991: It introduced LPG (Liberalisation,
Privatisation and Globalisation). Liberalisation deteriorated
the bargaining position of the workers vis-a-vis capital. The policy provided no
statutory minimum wages for labour. It gave the employers the complete
right to hire and fire. Weaknesses of the Movement AITUC was formed under guidance of BG Tilak FIncomplete Coverage: A large
section of the working class, the unorganised sector, was left
outside the fold of trade unions. The unions took the relatively easy
path of pressing the demands of those who could be easily organised or whose
demands were likely to be heard by the government. Multiplicity of Trade Unions: Post independence, the trade unions representing workers in the
country have multiplied. Multiplicity of unions in a capitalist
system keeps the working class fragmented and vulnerable to all forms
of pressures. Irresponsive Trade Unions: Trade unions in the country had not been responsive to the
problems of the working class in the country. Unions lay fragmented which produced
bitter rivalry among them and hence very often they failed to respond to the
issues of the working class. Disunity among the Workers: The industrial working class of the country did not ally
with the peasants and other sections of the society in collective
direct action on political issues'. This reflected the lack of
political consciousness among the working class. Negligence for Marginalised
Sections: Trade unions in the organised
sector overlooked the problems of women workers and workers belonging
to the socially oppressed groups. From <https://www.drishtiias.com/to-the-points/paper1/movement-of-the-working-class>
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Peasant and Workers Movements. |
What caused the
peasants revolt? There were various
reasons related to agrarian restructuring for peasants to revolt. The reasons
are given below:
List of Early
Peasants Revolt The list of
Peasants Revolt is given in the table below:
Impact of Peasant
Movements The impact of
peasant movements in India are discussed briefly below: Though these
revolts were not aimed at uprooting the British rule from India, they created
awareness among the Indians. The peasants
developed a strong awareness of their legal rights and asserted them in and
outside the courts. Peasants emerged
as the main force in agrarian movements, fighting directly for their own
demands. Various Kisan
Sabhas were formed to organise and agitate for peasant’s demands during
Non-Cooperation Movement. These movements
eroded the power of the landed class, thus adding to the transformation of
the agrarian structure. Peasants felt a
need to organise and fight against exploitation and oppression. These rebellious
movements prepared the ground for various other uprisings across the country.
From <https://byjus.com/free-ias-prep/peasant-movements-and-tribal-uprisings-for-upsc/>
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Salient Features of the Indian
Constitution: The Preamble, Fundamental Rights and Duties, Directive
Principles; |
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Parliamentary System and Amendment
Procedures; |
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Amendment Procedures; |
Over the period of
time, problems of a nation (based on Social, Economic, and Political
conditions) take various forms and dimensions. The conditions which existed
at the time of the drafting of the Constitution may not be the same over the
period of time. Therefore, it becomes imperative to have some procedure
wherein the Constitution may be adapted from time to time in accordance with
the needs of the nation. This procedure is called the amendment of
the Constitution. The Constitutional
amendments ensure that the provisions and interpretation of the Constitution
remain relevant in the changing times well. It was a very conflicting topic
in back years until the judgement of the Kesavananda Bharati case. From the first
case of Shankari prasad till the last judgement of Kesavananda over
the issue of amendment in the constitution created much chaos to the
political thinker and Indian citizens over the infringement of their
fundamental rights. This method/mode
of reconciling the constitution with the changing needs can be classified into
two broad categories: Informal method Formal method: (a)
Flexible (b) Rigid Informal method: This method cannot
be called ‘amendment’ in a strict sense of the term because the
constitutional text does not change. In this method, the judicial interpretation
of the constitution changes. It is a process of judicial interpretation that
assigns new meaning to the existing text. It is a slow process and develops
on a case-to-case basis. Formal method: This method
consists of a formal process of amendment of the constitution by changing the
text of the constitution. Depending upon the procedure of amendment it can be
classified- Flexible or Rigid. The flexible
process of amendment is quite easy. The constitution can be changed by the
ordinary legislative process. It is just like enacting an ordinary law. There
is no distinction between the ordinary legislative process and the
constituent process in this process. For example, the British Constitution
can be amended by the ordinary law of Parliament. The rigid process
of amendment is more elaborative and difficult than the flexible process.
Thus, the constitution cannot be amended by ordinary law. A different set of
procedures is laid down for the amendment of the constitution. In a rigid
constitution, there is a difference between the ordinary legislative process
and the constituent process. Amendment of
Fundamental Rights: The basic question
which was discussed in various judgements of the Supreme Court was whether
the fundamental rights were amenable in such a manner to take away or abridge
fundamental rights. For the first time
in Shankari Prasad vs Union of India, this question came out
before the supreme court was adjudging the validity of the first
Constitutional Amendment which was enacted to remove certain difficulties in
the implementation of Directive Principles. The Supreme Court held that law
in article 13 includes only ordinary law made under the exercise of ordinary
legislative procedure; it does not include the Constitutional Amendment which
is made in the exercise of constituent power. Many controversies
and many new amendments and laws were made regarding the amendment of
fundamental rights but at last Supreme Court in Kesavananda Bharati
vs the State of Kerala finally held that the power to amend the
constitution is found in Article 368 itself the court held that the
Parliament can amend any part of constitution but it cannot amend basic
structure of the constitution the power of amendment cannot be exercised in
such a manner which takes away or a bridge basic structure of the
constitution Amendment which affects basic structure is ultra-vires Supreme
Court gave an illustrative list of certain features which are regarded as the
basic structure. The Procedure of
Amendment: Article 368 prescribes the procedure and power of the
Parliament to amend the constitution. The constitution of India is a fine
mixture of rigidity and flexibility depending upon the significance of the
provisions of the constitution the degrees of residency of the amendment are
different. To amend any bill,
it must be placed before any house of the Parliament, and no prior permission
of the President is required, to introduce that bill in any house of the
parliament. When any Bill is passed by both houses of parliament with the
majority of the total number of members of each house (i.e. more than 50
percent) and at least two-thirds majority of the members present and voting, then
the Bill is presented before the President who will be bound to give his/her
assent for the same. There is no time limit within which the President must
give his assent. After the approval of the President on the Bill, the
Constitution will be amended. According to
the 24th Amendment Act, 1971 President “shall give his
assent” under clause (2) of Article 368, thus this has taken away the
President’s power to veto a bill for the amendment of the constitution. The Constitution
provides the following Three types of Amendments: 1. Amendment by
Simple Majority: The simple
majority of Parliament is done for the amendment in these provisions. These
Articles are excluded from the purview of Article 368. A simple majority
means a majority of more than 50% of the members present and voting in the
house. Those articles
which are amendable by the simple majority are: Article 4; Provision related to admission or establishment
of a new state, formation of a new state, alteration of state, or any such
thing related to articles 2 & 3 of the Constitution can be amended by the
simple majority. Article 169; Provision related to abolition or creation of
legislative councils in the state can be amended by parliament by a simple
majority. Article 239 A; Provision related to the creation of local
legislature for certain unions. Also, salaries,
etc of judges under article 125, a few provisions related to vice president,
president, etc, and provisions related to terminating the citizenship all of
these can be amended by a simple majority. 2. Amendment by
Special Majority of Parliament: All other
provisions of the Constitution which are not included in No. (1) and (3) are
placed in this category. For amendment in these provisions, a special
majority of Parliament is required. Special Majority means the majority of
the total membership of the House as well as a majority of not less than 2/3
of members of that House present and voting. Few provisions
which can only be amended by the special majority in both houses are: Fundamental Rights
(Article 12 to article 35); DPSP (Directive
Principles of State Policy- Article 36 to 51) and All those
provisions except the specific provisions mentioned in Article 368. 3. Special
Majority and Ratification by the States: Provisions that
are the basis of the federal structure are included in this category. These
are vital matters where States have important powers and any unilateral
amendment may adversely affect the interest of States. For incorporating
amendments in these provisions, a Special Majority of each House of
Parliament, as well as ratification by not less than half of the States, is
required. Following
provisions require for such ratification: Election of the
President (Article 54 and 55); The extent of
Executive powers of the Union and States [Article 73, 162, 241 or 279A]; Articles dealing
with Supreme Court and High Court (Chapter 4 of Part-V and Chapter 5 of
Part-IV); Articles dealing
with the High Court of Union Territories (Article 241); Distribution of
Legislative Powers between the Union and State (Article 245-255); Goods and Service
Tax Council (Article 279A) [Inserted by Constitution (101) Amendment Act,
2016] Representation of
state in parliament (Article 80 and 81) Any of the list of
the seventh schedule Article 368
itself. From <https://www.geeksforgeeks.org/amendment-in-indian-constitution-procedure-modes-and-types/>
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Judicial Review and Basic Structure
doctrine. |
Judicial Review Judicial Review refers to the power of the
Judiciary to review and determine the validity of a Law or an Order. This is
an important topic in the UPSC syllabus because it is often seen in
the news. There are many examples of judicial review. This article shares
more details on the concept of Judicial Review and examples related to it. Judicial Review – Latest updates
Judicial Review Judicial review is defined as the doctrine under
which executive and legislative actions are reviewed by the judiciary. Even
though we have in India the principle of separation of powers of the three
arms of the State, namely, the executive, the legislative and the judiciary,
the judiciary is vested with the power of review over actions of the other
two arms. Judicial review is considered a basic structure
of the constitution (Indira Gandhi vs Raj Narain Case). Judicial review is the power of the courts to consider
the constitutionality of acts of organs of Government and declare it
unconstitutional if it violates or is inconsistent with the basic principles
of the Constitution. This means that the power of the legislature to
make laws is not absolute and that the validity and constitutionality of such
laws are subject to review by the courts. Judicial review is also called the
interpretational and observer roles of the Indian judiciary. The Indian Constitution adopted the Judicial
Review on lines of the American Constitution. Suo Moto cases and the Public Interest Litigation
(PIL), with the discontinuation of the principle of Locus Standi, have
allowed the judiciary to intervene in many public issues, even when there is
no complaint from the aggrieved party. Judicial Review and Constitution According to Article 13(2), the Union or the
States shall not make any law that takes away or abridges any of the
fundamental rights, and any law made in contravention of the aforementioned
mandate shall, to the extent of the contravention, be void. Judicial review is called upon to ensure and
protect Fundamental
Rights which are guaranteed in Part III of the Constitution. The power of the Supreme Court
of India to enforce these Rights is derived from Article 32 of the
Constitution. This provides citizens the right to directly approach the SC to
seek remedies against the violation of Fundamental Rights. Judicial Review Classification We can classify judicial review into three
categories. They are: Reviews of Legislative Actions: This
review implies the power to ensure that laws passed by the legislature are in
compliance with the provisions of the Constitution. Review of Administrative Actions: This
is a tool for enforcing constitutional discipline over administrative
agencies while exercising their powers. Review of Judicial Decisions: This
is seen in the Golaknath case, bank nationalisation case, Minerva Mills case,
privy purse abolition case, etc. Importance of Judicial Review It is essential for maintaining the supremacy of
the Constitution. It prevents the tyranny of executives. It maintains the federal balance. It is essential for checking the possible misuse
of power by the legislature and executive. It is essential for securing the independence of
the judiciary. It protects the rights of the people. Examples of Judicial Review IT Act Section 66(A) In 2015, the SC struck down Section 66(A) of the
amended Information Technology Act, 2000. This provided the punishment for
sending “offensive” messages through a computer or any other communication
device like a mobile phone or a tablet. A conviction could fetch a maximum of
three years in jail and a fine. This was repealed by the SC on the grounds
that this section fell outside Article 19(2) of the Constitution, which
relates to freedom of speech. Golaknath Case (1967) The questions, in this case, were whether the
amendment is a law; and whether Fundamental Rights can be amended or not. SC
contented that Fundamental Rights are not amenable to the Parliamentary
restriction as stated in Article 13, and that to amend the Fundamental rights
a new Constituent Assembly would be required. Also stated that Article 368
gives the procedure to amend the Constitution but does not confer on
Parliament the power to amend the Constitution. This case is also sometimes cited as an example
of Judicial
Activism. Limitations of Judicial
Review There are some limitations on the judiciary on
exercising its power of judicial review. In fact, when the judiciary crosses
its threshold and interferes in the executive’s mandate, it can be called
judicial activism, which when furthered can lead to judicial overreach. Some
of the limitations of judicial review are mentioned below. Judicial Review limits the functioning of the
government. It is only permissible to the extent of finding if the procedure
in reaching the decision has been correctly followed but not the decision
itself. The judicial opinions of the judges once taken
for any case become the standard for ruling other cases. It is designated only to the higher courts like
the Supreme Court and the High Courts. Repeated interventions of courts can diminish the
faith of the people in the integrity, quality, and efficiency of the
government. The judiciary cannot interfere in political
questions and policy matters unless absolutely necessary. The judgments can be influenced by personal or
selfish motives, hence, Judicial review can harm the public at large. It violates the limit of power set to be
exercised by the constitution when it overrides any existing law. In India, a separation of functions is
followed rather than the separation of powers. The concept of separation of powers is not
adhered to strictly in the judicial review. However, a system of checks
and balances has been put in place in such a manner that the judiciary
has the power to strike down any unconstitutional laws passed by the
legislature. From <https://byjus.com/free-ias-prep/judicial-review/>
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(a) Principal Organs of the Union
Government: Envisaged role and actual working of the Executive, Legislature,
and Supreme Court. |
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(b) Principal Organs of the State
Government: Envisaged role and actual working of the Executive, Legislature,
and High Courts. |
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Grassroots Democracy: Panchayati
Raj and Municipal Government; Significance of 73rd and 74th Amendments;
Grassroot movements. |
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Municipal Government; Significance
of 73rd and |
Panchayati Raj - 73rd
Constitutional Amendment Act A three-tier structure of the Indian
administration for rural development is called Panchayati Raj. The aim of the
Panchayati Raj is to develop local self-governments in districts, zones and
villages. Panchayati Raj is an important topic and
questions are often asked from this section for the IAS exam. This article will provide
you with evolution, various committees set-up for Panchayati Raj, salient
features of the 73rd Constitutional Amendment Act, functions of Gram
Panchayat, and other details regarding this topic for the polity and
governance segment of the UPSC
syllabus. CSE
exam aspirants must refer to the details discussed further below in
this article, important from the examination perspective. Panchayati Raj UPSC Notes:-Download PDF Here Introduction to Panchayati Raj Rural development is one of the main objectives
of Panchayati Raj and this has been established in all states of India except
Nagaland, Meghalaya and Mizoram, in all Union Territories except Delhi. and
certain other areas. These areas include: The scheduled areas and the tribal areas in the
states The hill area of Manipur for which a district
council exists and Darjeeling district of West Bengal for which
Darjeeling Gorkha Hill Council exists Evolution of Panchayati Raj The Panchayati system in India is not purely a
post-independence phenomenon. In fact, the dominant political institution in
rural India has been the village panchayat for centuries. In ancient India,
panchayats were usually elected councils with executive and judicial powers.
Foreign domination, especially Mughal and British, and the natural and forced
socio-economic changes had undermined the importance of the village
panchayats. In the pre-independence period, however, the panchayats were
instruments for the dominance of the upper castes over the rest of the
village, which furthered the divide based on either the socio-economic status
or the caste hierarchy. The evolution of the Panchayati Raj System,
however, got a fillip after the attainment of independence after the drafting
of the Constitution. The Constitution
of India in Article 40 enjoined: “The state shall take steps to
organise village panchayats and endow them with such powers and authority as
may be necessary to enable them to function as units of self-government”. There were a number of committees appointed by
the Government of India to study the implementation of self-government at the
rural level and also recommend steps in achieving this goal. The committees appointed are as follows: Balwant Rai Mehta Committee Ashok Mehta Committee G V K Rao Committee L M Singhvi Committee Balwant Rai Mehta Committee &
Panchayati Raj The committee was appointed in 1957, to examine
and suggest measures for better working of the Community Development
Programme and the National Extension Service. The committee suggested the
establishment of a democratic decentralised local government which came to be
known as the Panchayati Raj. Recommendations by the Committee: Three-tier Panchayati Raj system: Gram Panchayat,
Panchayat Samiti and Zila Parishad. Directly elected representatives to constitute
the gram panchayat and indirectly elected representatives to constitute the
Panchayat Samiti and Zila Parishad. Planning and development are the primary
objectives of the Panchayati Raj system. Panchayat Samiti should be the executive body and
Zila Parishad will act as the advisory and supervisory body. District Collector to be made the chairman of the
Zila Parishad. It also requested for provisioning resources so
as to help them discharge their duties and responsibilities. The Balwant Rai Mehta Committee further
revitalised the development of panchayats in the country, the report
recommended that the Panchayati Raj institutions can play a substantial role
in community development programmes throughout the country. The objective of
the Panchayats thus was the democratic decentralisation through the effective
participation of locals with the help of well-planned programmes. Even the
then Prime Minister of India, Pandit Jawaharlal Nehru, defended the panchayat
system by saying, “. . . authority and power must be given to the people in
the villages …. Let us give power to the panchayats.” Ashok Mehta Committee &
Panchayati Raj The committee was appointed in 1977 to suggest
measures to revive and strengthen the declining Panchayati Raj system in
India. The key recommendations are: The three-tier system should be replaced with a
two-tier system: Zila Parishad (district level) and the Mandal Panchayat (a
group of villages). District level as the first level of supervision
after the state level. Zila Parishad should be the executive body and
responsible for planning at the district level. The institutions (Zila Parishad and the Mandal
Panchayat) to have compulsory taxation powers to mobilise their own financial
resources. G V K Rao Committee &
Panchayati Raj The committee was appointed by the planning
commission in 1985. It recognised that development was not seen at the
grassroot level due to bureaucratisation resulting in Panchayat Raj
institutions being addressed as ‘grass without roots’. Hence, it made some
key recommendations which are as follows: Zila Parishad to be the most important body in
the scheme of democratic decentralisation. Zila Parishad to be the principal
body to manage the developmental programmes at the district level. The district and the lower levels of the
Panchayati Raj system to be assigned with specific planning, implementation
and monitoring of the rural developmental programmes. Post of District Development Commissioner to be
created. He will be the chief executive officer of the Zila Parishad. Elections to the levels of Panchayati Raj systems
should be held regularly. L M Singhvi Committee &
Panchayati Raj The committee was appointed by the Government of
India in 1986 with the main objective to recommend steps to revitalise the
Panchayati Raj systems for democracy and development. The following
recommendations were made by the committee: The committee recommended that the Panchayati Raj
systems should be constitutionally recognised. It also recommended
constitutional provisions to recognise free and fair elections for the
Panchayati Raj systems. The committee recommended reorganisation of
villages to make the gram panchayat more viable. It recommended that village panchayats should
have more finances for their activities. Judicial tribunals to be set up in each state to
adjudicate matters relating to the elections to the Panchayati Raj
institutions and other matters relating to their functioning. All these things further the argument that
panchayats can be very effective in identifying and solving local problems,
involve the people in the villages in the developmental activities, improve
the communication between different levels at which politics operates,
develop leadership skills and in short help the basic development in the
states without making too many structural changes. Rajasthan and Andhra
Pradesh were the first to adopt Panchayati raj in 1959, other states followed
them later. Though there are variations among states, there
are some features that are common. In most of the states, for example, a
three-tier structure including panchayats at the village level, panchayat
samitis at the block level and the zila parishads at the district level-has
been institutionalized. Due to the sustained effort of the civil society
organisations, intellectuals and progressive political leaders, the
Parliament passed two amendments to the Constitution – the 73rd Constitution
Amendment for rural local bodies (panchayats) and the 74th Constitution
Amendment for urban local bodies (municipalities) making them ‘institutions
of self-government’. Within a year all the states passed their own acts in
conformity to the amended constitutional provisions. Also read: Caste
system and Panchayati Raj 73rd Constitutional Amendment
Act of 1992 Significance of the Act The Act added Part IX to the Constitution, “The
Panchayats” and also added the Eleventh Schedule which consists of the 29
functional items of the panchayats. Part IX of the Constitution contains Article 243
to Article 243 O. The Amendment Act provides shape to Article 40 of
the Constitution, (directive
principles of state policy), which directs the state to
organise the village panchayats and provide them powers and authority so that
they can function as self-government. With the Act, Panchayati Raj systems come under
the purview of the justiciable part of the Constitution and mandates states
to adopt the system. Further, the election process in the Panchayati Raj
institutions will be held independent of the state government’s will. The Act has two parts: compulsory and voluntary.
Compulsory provisions must be added to state laws, which includes the
creation of the new Panchayati Raj systems. Voluntary provisions, on the
other hand, is the discretion of the state government. The Act is a very significant step in creating
democratic institutions at the grassroots level in the country. The Act has
transformed the representative democracy into participatory democracy. Salient Features of the Act Gram Sabha: Gram Sabha is the primary body of the
Panchayati Raj system. It is a village assembly consisting of all the
registered voters within the area of the panchayat. It will exercise powers
and perform such functions as determined by the state legislature. Candidates
can refer to the functions of gram panchayat and gram panchayat work, on the
government official website – https://grammanchitra.gov.in/. Three-tier system: The Act provides for the
establishment of the three-tier system of Panchayati Raj in the states
(village, intermediate and district level). States with a population of less
than 20 lakhs may not constitute the intermediate level. Election of members and chairperson: The members
to all the levels of the Panchayati Raj are elected directly and the
chairpersons to the intermediate and the district level are elected
indirectly from the elected members and at the village level the Chairperson
is elected as determined by the state government. Reservation of seats: For SC and ST: Reservation to be provided at all
the three tiers in accordance with their population percentage. For women: Not less than one-third of the total
number of seats to be reserved for women, further not less than one-third of
the total number of offices for chairperson at all levels of the panchayat to
be reserved for women. The state legislatures are also given the
provision to decide on the reservation of seats in any level of panchayat or
office of chairperson in favour of backward classes. Duration of Panchayat: The Act provides for a
five-year term of office to all the levels of the panchayat. However, the
panchayat can be dissolved before the completion of its term. But fresh
elections to constitute the new panchayat shall be completed – before the expiry of its five-year duration. in case of dissolution, before the expiry of a
period of six months from the date of its dissolution. Disqualification: A person shall be disqualified
for being chosen as or for being a member of panchayat if he is so
disqualified – Under any law for the time being in force for the
purpose of elections to the legislature of the state concerned. Under any law made by the state legislature.
However, no person shall be disqualified on the ground that he is less than
25 years of age if he has attained the age of 21 years. Further, all questions relating to
disqualification shall be referred to an authority determined by the state
legislatures. State election commission: The commission is responsible for
superintendence, direction and control of the preparation of electoral rolls
and conducting elections for the panchayat. The state legislature may make provisions with
respect to all matters relating to elections to the panchayats. Powers and Functions: The state legislature may
endow the Panchayats with such powers and authority as may be necessary to
enable them to function as institutions of self-government. Such a scheme may
contain provisions related to Gram Panchayat work with respect to: the preparation of plans for economic development
and social justice. the implementation of schemes for economic
development and social justice as may be entrusted to them, including those
in relation to the 29 matters listed in the Eleventh Schedule. Finances: The state legislature may – Authorize a panchayat to levy, collect and
appropriate taxes, duties, tolls and fees. Assign to a panchayat taxes, duties, tolls and
fees levied and collected by the state government. Provide for making grants-in-aid to the
panchayats from the consolidated fund of the state. Provide for the constitution of funds for
crediting all money of the panchayats. Finance Commission: The state finance commission
reviews the financial position of the panchayats and provides recommendations
for the necessary steps to be taken to supplement resources to the panchayat. Audit of Accounts: State legislature may make
provisions for the maintenance and audit of panchayat accounts. Application to Union Territories: The President
may direct the provisions of the Act to be applied on any union territory
subject to exceptions and modifications he specifies. Exempted states and areas: The Act does not apply
to the states of Nagaland, Meghalaya and Mizoram and certain other areas.
These areas include, The scheduled areas and the tribal areas in the
states The hill area of Manipur for which a district
council exists Darjeeling district of West Bengal for which
Darjeeling Gorkha Hill Council exists. Continuance of existing law: All the state laws
relating to panchayats shall continue to be in force until the expiry of one
year from the commencement of this Act. In other words, the states have to
adopt the new Panchayati raj system based on this Act within the maximum
period of one year from 24 April 1993, which was the date of the commencement
of this Act. However, all the Panchayats existing immediately before the
commencement of the Act shall continue till the expiry of their term, unless
dissolved by the state legislature sooner. Bar to interference by courts: The Act bars the
courts from interfering in the electoral matters of panchayats. It declares
that the validity of any law relating to the delimitation of constituencies
or the allotment of seats to such constituencies cannot be questioned in any
court. It further lays down that no election to any panchayat is to be
questioned except by an election petition presented to such authority and in
such manner as provided by the state legislature. PESA Act of 1996 The provisions of Part IX are not applicable to
the Fifth Schedule areas. The Parliament can extend this Part to such areas
with modifications and exceptions as it may specify. Under these provisions,
Parliament enacted Provisions of the Panchayats (Extension to the Scheduled Areas)
Act, popularly known as PESA Act or the
extension act. Objectives of the PESA Act: To extend the provisions of Part IX to the
scheduled areas. To provide self-rule for the tribal population. To have village governance with participatory
democracy. To evolve participatory governance consistent
with the traditional practices. To preserve and safeguard traditions and customs
of tribal population. To empower panchayats with powers conducive to
tribal requirements. To prevent panchayats at a higher level from
assuming powers and authority of panchayats at a lower level. As a result of these constitutional steps taken
by the union and state governments, India has moved towards what has been
described as ‘multi-level federalism’, and more significantly, it has widened
the democratic base of the Indian polity. Before the amendments, the Indian
democratic structure through elected representatives was restricted to the
two houses of Parliament, state assemblies and certain union territories. The
system has brought governance and issue redressal to the grassroot levels in
the country but there are other issues too. These issues, if addressed, will
go a long way in creating an environment where some of the basic human rights
are respected. After the new generation of panchayats had
started functioning, several issues have come to the fore, which have a
bearing on human rights. The important factor which has contributed to the
human rights situation vis-a-vis the panchayat system is the nature of Indian
society, which of course determines the nature of the state. Indian society
is known for its inequality, social hierarchy and the rich and poor divide.
The social hierarchy is the result of the caste system, which is unique to
India. Therefore, caste and class are the two factors, which deserve
attention in this context. Thus, the local governance system has challenged
the age old practices of hierarchy in the rural areas of the country
particularly those related to caste, religion and discrimination against
women. The Panchayati Raj system constitutes an integral
part of the IAS prelims and UPSC mains
syllabus. Aspirants preparing for the upcoming CSE must be aware of the
administrative set in the country. UPSC Questions related to Panchayati
Raj Who is the father of Panchayati
Raj? Balwant Rai Mehta was a parliamentarian who is
credited for pioneering the concept of the Panchayati Raj in India and was
also known as the ‘Father of Panchayati Raj’. What is the importance of
Panchayati Raj? Panchayati Raj institutes village local
government that plays a significant role in the development of villages
especially in areas like primary education, health, agricultural
developments, women and child development and women participation in local
government, etc. Which state in India has no
Panchayati Raj institution? All states of India have Panchayati Raj systems
except Nagaland, Meghalaya and Mizoram, in all Union Territories except
Delhi; and certain other areas. What are the features of Panchayati
Raj? Gram Sabha: Gram Sabha is the primary body of the
Panchayati Raj system. It is a village assembly consisting of all the
registered voters within the area of the panchayat. Three Tier System: village, intermediate and
district levels. Election of members and chairperson: The members
to all the levels of the Panchayati Raj are elected directly and the
chairpersons to the intermediate and the district levels are elected
indirectly. From <https://byjus.com/free-ias-prep/panchayati-raj/>
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74th Amendments; Grassroot movements. |
Municipalities [243P - 243ZG] The system of Municipalities or Urban Local
Governments was constitutionalised through the 74th Constitutional Amendment
Act of 1992. The provisions in this amendment are included in Part IXA which
came into force on June 1, 1993. Therefore, it gave a constitutional
foundation to the local self-government units in urban areas. Evolution of Urban Bodies The institutions of urban local government
originated and developed in modern India during the period of British rule.
The major events in this context are as follows: In 1687-88, the first municipal corporation in
India was set up at Madras. In 1726, the municipal corporations were set up
in Bombay and Calcutta. Lord Mayo’s Resolution of 1870 on financial
decentralisation visualised the development of local self-government
institutions. Lord Ripon’s Resolution of 1882 has been hailed
as the ‘Magna Carta’ of local self-government. He is called the father of the
local-self government in India. The Royal Commission on decentralisation was
appointed in 1907, and it submitted its report in 1909. Its chairman was
Hobhouse. Under the dyarchical scheme introduced in
Provinces by the Government of India Act, 1919, local self-government became
a transferred subject under the charge of a responsible Indian
minister. In 1924, the Cantonments Act was passed by the
Central legislature. Under the provincial autonomy scheme introduced
by the Government of India Act, 1935, local self-government was declared a
provincial subject. The candidates can read more relevant information
for their upcoming exams from the links provided below: 74th Constitutional Amendment The 74th Amendment Act of 1992 provides a basic
framework of decentralisation of powers and authorities to the Municipal
bodies at different levels. However, responsibility for giving it a
practical shape rests with the States. The term ‘Urban Local Government’ in India
signifies the governance of an urban area by the people through their elected
representatives. The jurisdiction of an urban local government is limited to
a specific urban area, which is demarcated for this purpose by the state
government. Introduction The 74th Amendment Act has added a new Part
IX-A to the Constitution of India. This part is entitled as ‘The
Municipalities’ and consists of provisions from Articles 243-P
to 243-ZG. Additionally, the act also added a new Twelfth
Schedule to the Constitution. This schedule contains 18 functional
items of municipalities. The Act has brought Municipalities under the
purview of the justiciable part of the Constitution. In other words, state governments are under
constitutional obligation to adopt the new system of municipalities in
accordance with the provisions of the act [Article 243 Q]. The act aims at revitalising and strengthening
the urban governments so that they function effectively as units of local
government. Historical Background In 1989, the Rajiv Gandhi government introduced
the 65th Constitutional Amendment Bill (Nagarpalika bill) in the Lok Sabha.
The bill aimed at strengthening and revamping the municipal bodies by
conferring constitutional status on them. Although the bill was passed in the Lok Sabha, it
was defeated in the Rajya Sabha in October 1989 and, hence, lapsed. The National Front Government under V P Singh
introduced the revised Nagarpalika Bill in the Lok Sabha again in September
1990. However, the bill was not passed and finally lapsed due to the
dissolution of the Lok Sabha. P V Narasimha Rao’s Government also introduced
the modified Municipalities Bill in the Lok Sabha in September 1991. It
finally emerged as the 74th Constitutional Amendment Act of 1992 and came into
force on 1 June 1993. Significance Towns and cities contribute substantially to the
economic development of the country. These urban centres also play an important
support role in the development of the rural hinterland. To keep this economic transformation in line with
needs and realities at the grass-root level, it is necessary that the people
and their representatives are fully involved in the planning and
implementation of the programmes at the local level. If democracy in Parliament and State Legislatures
is to remain strong and stable, its roots must reach towns and villages and
the cities where the people live. Features of 74th Amendment Act,
1992 The main provisions introduced by the above Act
were as follows:- Constitution of Municipalities The Act provides for the constitution of 3 types
of municipalities, depending upon the size and area in every state. Nagar Panchayat (for an area in transition from
rural to the urban area); Municipal Council for the smaller urban area;
and Municipal Corporation for a larger urban
area. Composition of Municipalities The seats shall be filled by direct elections.
For this purpose, each municipal area shall be divided into territorial
constituencies to be known as wards. The state legislature may provide the manner of
election of the chairperson of a municipality. It may also provide for the representation of the
following persons in a municipality. Persons having special knowledge and experience
in municipal administration without the right to vote in the meetings of the
municipality. The members of the Lok Sabha and the state
legislative assembly representing constituencies that comprise wholly or
partly the municipal area. The members of the Rajya Sabha and the State
Legislative Council registered as electors within the municipal area. The chairpersons of committees (other than ward
committees). Constitution of Wards Committees This provides for the constitution of Ward
Committees in all municipalities with a population of 3 lakhs or
more. Reservation of seats The Act provides for the reservation of seats for
the scheduled castes and the scheduled tribes in every municipality in the
proportion of their population to the total population in the municipal
area. Further, it provides for the reservation of not
less than one-third of the total number of seats for women (including the
number of seats reserved for women belonging to the SCs and the STs). The state legislature may provide for the manner of
reservation of offices of chairpersons in the municipalities for SCs, STs and
women. It may also make any provision for the
reservation of seats in any Municipality or offices of chairpersons in
municipalities in favour of backward classes. Duration of Municipalities The municipality has a fixed term of 5
years from the date appointed for its first meeting. Elections to constitute a municipality are
required to be completed before the expiration of the duration of the
municipality. If the municipality is dissolved before the
expiry of 5 years, the elections for constituting a new municipality are
required to be completed within a period of 6 months from the date of its
dissolution. Powers and Functions of the Municipalities All municipalities would be empowered with such
powers and responsibilities as may be necessary to enable them to function as
effective institutions of self-government. The State Legislature may, by law, specify what
powers and responsibilities would be given to the municipalities in respect
of preparation of plans for economic development and social justice and for
implementation of schemes as may be entrusted to them. An illustrative list of functions that may be
entrusted to the municipalities has been incorporated as the Twelfth Schedule
of the Constitution. Finances of Municipalities It has been left to the Legislature of a State to
specify by law matters relating to imposition of taxes. Such law may specify: Taxes, duties, fees, etc. which could be levied
and collected by the Municipalities, as per the procedure to be laid down in
the State law. Taxes, duties, fees, etc. which would be levied
and collected by the State Government and a share passed on to the
Municipalities. Grant-in-aid that would be given to the Municipalities
from the State. Constitution of funds for crediting and
withdrawal of money by the Municipality. Finance Commission The Finance Commission, constituted under Article
243-I to review the financial positions of Panchayati Raj Institutions, shall
also review the financial position of the municipalities and will make
recommendations to the Governor. The recommendations of the Finance Commission
will cover the following: The distribution between the State Government and
Municipalities of the net proceeds of the taxes, duties, tolls and fees
leviable by the State. Allocation of share of such proceeds between the
Municipalities at all levels in the State. Determination of taxes, duties, tolls and fees to
be assigned or appropriated by the Municipalities. Grants-in-aid to Municipalities from the
Consolidated Fund of the State. Measures needed to improve the financial position
of the Municipalities. The governor shall place the recommendations of
the commission along with the action taken report before the state
legislature. Elections to Municipalities The superintendence, direction and control of the
preparation of the electoral rolls for, and the conduct of, all elections to
the panchayats and municipalities shall be vested in the State
Election Commissions. Audit and Accounts The maintenance of the accounts of the
municipalities and other audits shall be done in accordance with the
provisions in the State law. The State Legislatures will be free to make
appropriate provisions in this regard, depending upon the local needs and
institutional framework available for this purpose. Committee for District Planning Every state shall constitute, at the district
level, a district planning committee to consolidate the plans prepared by
panchayats and municipalities in the district, and to prepare a draft
development plan for the district as a whole. Planning and allocation of resources at the
district level for the Panchayati Raj institutions are normally to be done by
the Zila Parishad. Metropolitan Planning Committees Every metropolitan area shall have a metropolitan
planning committee to prepare a draft development plan. Continuance of Existing Laws and Municipalities All the state laws relating to municipalities
shall continue to be in force until the expiry of one year from the
commencement of this act. In other words, the states have to adopt the new
system of municipalities based on this act within the maximum period of one
year from 1 June 1993, which is the date of commencement of this act. However, all municipalities existing immediately
before the commencement of this act shall continue till the expiry of their
term, unless dissolved by the state legislature sooner. Bar to Interference by Courts in Electoral
Matters The act bars the interference by courts in the
electoral matters of municipalities. It declares that the validity of any law relating
to the delimitation of constituencies or the allotment of seats to such
constituencies cannot be questioned in any court. It further lays down that no election to any
municipality is to be questioned except by an election petition presented to
such authority and in such a manner as provided by the state
legislature. Types of Urban Governments The following eight types of urban local bodies
are created in India for the administration of urban areas: Municipal corporation Municipality Notified Area Committee Town Area Committee Cantonment Board Township Port Trust Special Purpose Agency Municipal Personnel There are three types of municipal personnel
systems in India. The personnel working in the urban governments may belong
to any one or all three types. These are: Separate Personnel System Unified Personnel System Integrated Personnel System Municipal Revenue There are five sources of income of the urban
local bodies. These are as follows: Tax Revenue Non-Tax Revenue Grants Devolution Loans FAQ about Municipalities / Urban
Local Government Under which list the subject of
Local government is enlisted? Local Government is a subject mentioned in the
State List under the 7th Schedule of the Constitution. In other words, Local
Government is a State subject, figuring as item 5 in List II of the Seventh
Schedule. Who notifies three types of
Municipalities? A transitional area, a small urban area or a
larger urban area means such area as the Governor may specify by public
notification for this purpose with regard to the following factors: i)
Population of the area; ii) Density of Population; iii) Revenue generated for
local administration; iv) Percentage of employment in non-agricultural
activities; and v) Economic importance or such factors as the governor may
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Federalism: Constitutional
provisions; changing nature of center-state relations; integrationist
tendencies and regional aspirations; inter-state disputes. |
Federal System –
Two Types of Federations In a federation
system, there are two seats of power that are autonomous in their own
spheres. A federal system is different from a unitary system in that
sovereignty is constitutionally split between two territorial levels so that
each level can act independently of each other in some areas. There are two
kinds of federations: Holding Together
Federation – In this
type, powers are shared between various constituent parts to accommodate the
diversity in the whole entity. Here, powers are generally tilted towards the
central authority. Example: India, Spain, Belgium. Coming Together
Federation – In this
type, independent states come together to form a larger unit. Here, states
enjoy more autonomy as compared to the holding together kind of federation.
Example: USA, Australia, Switzerland. Features of the
Federal System of India Dual government
polity Division of powers
between various levels Rigidity of
constitution Independence
judiciary Dual citizenship Bicameralism All federations
might not have all the above features. Some of them may be incorporated
depending on what type of federation it is. Federalism in
India India is a federal
system but with more tilt towards a unitary system of government. It is
sometimes considered a quasi-federal system as it has features of both a
federal and a unitary system. Article 1 of the Indian Constitution states,
‘India, that is Bharat, shall be a union of states’. The word
federation is not mentioned in the constitution. Elements of
federalism were introduced into modern India by the Government of India Act of 1919 which separated powers between
the centre and the provincial legislatures. Read about Constituent Assembly debates on Federalism in the linked article. Federal Features
of the Indian Union Governments at two
levels – centre and states Division of powers
between the centre and states – there are three lists given in the Seventh Schedule of the Constitution which gives the subjects each level has
jurisdiction in: Union List State List Concurrent List Supremacy of the
constitution – the basic structure of the constitution is indestructible as laid out by the
judiciary. The constitution is the supreme law in India. Independent
judiciary – the constitution provides for an independent and integrated
judiciary. The lower and district courts are at the bottom levels, the high
courts are at the state levels and at the topmost position is the Supreme Court of India. All courts are subordinate to the Supreme
Court. Also, read
the RSTV’s Big Picture’s discussion on challenges to the
Federal Structure in
the linked article. Unitary Features
of the Indian Union The flexibility of
the constitution – the
constitution is a blend of flexibility and rigidity. Certain provisions of
the constitution can be easily amended. In case the amendments seek to change
aspects of federalism in India, the provision to bring about such amendments
is not easy. (Read about types of majorities in India Parliament using which amendments or certain other
provisions are introduced.) More power vests
with the Centre – the
constitution guarantees more powers with the Union List. On the Concurrent
List subjects, the parliament can make laws that can override the laws made
by a state legislature on some matters. The parliament can also make laws
regarding certain subjects in the State List. Unequal
representation of states in the Rajya Sabha –
the representation of the states in the upper house is based on the states’
populations. For example, Uttar Pradesh has 31 seats and Goa, 1 in the Rajya
Sabha. In an ideal federal system, all the states should have equal
representation. The executive is a
part of the legislature – in India,
the executive in both the centre and the states is a part of the legislature.
This goes against the principle of division of powers between the different
organs of the government. Lok Sabha is more
powerful than the Rajya Sabha –
in our system, the Lok Sabha is
more powerful than the upper house and unequal powers to two houses is
against the principle of federalism. Emergency powers – the centre is provided with emergency
powers. When an emergency is imposed, the centre has increased control over
states. This undermines the autonomy of the states. (You may also read
about President’s rule – Article 356 in the linked article.) Integrated
judiciary – the
judiciary in India is integrated. There is no separate judiciary at the
centre and the state levels. (Gain more information about Indian Judiciary from
the notes mentioned in the linked article. ) Single citizenship – in India, only single citizenship is
available to citizens. They cannot be citizens of the state as well. This helps
in increasing the feeling of nationality as it forges unity amidst regional
and cultural differences. It also augments fundamental rights such as the
freedom of movement and residence in any part of the nation. Governor’s
appointment – the governor of a state acts as the centre’s
representative in the state. The state government does not appoint the
governor, the centre does. New states
formation – the
parliament has the power to alter the territory of a state by increasing or
reducing the area of the state. It can also change the name of a state. All India Services – through the All India Services such as
the IAS, IPS, etc. the centre interferes in the executive powers of the
states. These services also offer uniformity in administration throughout the
nation. Integrated
election machinery – the Election Commission of India is responsible for conducting free and fair
elections at both the centre and the state levels in India. The members of
the EC is appointed by the president. Veto over states
bills – The
governor of a state can reserve certain kinds of bills for the president’s
consideration. The president enjoys absolute veto on these bills. He can even
reject the bill at the second instance that is when the bill is sent after
reconsideration by the state legislature. This provision is a departure from
the principles of federalism. (Read in detail about veto power in
the linked article.) Integrated audit
machinery – the
president of the country appoints the CAG who
audits accounts of both the centre and the states. Power to remove
key officials – the state
government or state legislature does not have the authority to remove certain
key government officials even at the state level like the election
commissioner of a state, judges of the high courts,
or the chairman of the state public service commissions. Federalism is an
important principle and federalism in India is especially relevant for the
UPSC exam. It comes under polity and governance in general studies paper II
in UPSC Syllabus 2022. FAQ about Federalism in India What are the main
features/characteristics of Indian Federalism? Some features are: (1) Clear
division of powers between the Centre and the states, (2) Independent
Judiciary, (3) Bicameral Legislature, (4) Dual government polity, (5)
Supremacy of constitution. Which type of federalism is
practised in India? The Indian model of federalism is
called a quasi-federal system, as it contains major features of both a
federation and union. What are the three list of Indian
federalism? There is a three-fold distribution
of legislative power-represented by three lists in the Indian Federalism –
the Union list, the State list and the Concurrent list. What is the main purpose of
federalism? The goal of federalism is to
preserve personal liberty by separating the powers of the government so that
one government or group may not dominate all powers. How many types of federations are
there? There are two types of federations: Holding Together Federation – In this type, powers are shared between various constituent
parts to accommodate the diversity in the whole entity. Here, powers are
generally tilted towards the central authority. Example: India, Spain,
Belgium. Coming Together Federation – In this type, independent states come together to form a
larger unit. Here, states enjoy more autonomy as compared to the holding
together kind of federation. Example: USA, Australia, Switzerland. Article 161, 263 etc. Agreements on
inter-State rivers The first step to
resolving inter-state water disputes in mutual discussions and negotiations.
The states or parties involved can mutually negotiate on the terms and
conditions and form an agreement. In case, these
negotiations do not work out, the next initiative is taken by the government,
under the Inter-State River Water Disputes Act, 1956. Then comes the Inter-state Water Disputes Tribunals in India into force. The active tribunals
in the country include:
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Caste, Religion, and Ethnicity in
Indian Politics. |
Politics does not function
in vacuum. It operates in society in which it-is influenced by social forces
and social forces are also influenced by political attitude too. In this
perspective caste’s influence on Indian Political attitude can be seen in
following ways: Caste as a social
stratification system is a salient feature of Indian society which has
influenced the structure of society in socio-economic and political scenario. Political
Socialisation: ‘Caste values’ and caste interests influence
persons political thinking, awareness and participation. Caste and
nomination of candidates: Due to this process of political socialisation of
caste, ‘caste consciousness’ arouses among people. While
nominating their candidates from different constituencies the political
parties keep in mind the cast of candidate and caste of the voters in that
particular constituency. It in turn affects democratic ideals of equality,
justice. Caste and voting
behaviour: In the election campaigns, votes are demanded in the names of
caste. Which in turn affects peoples’ thinking as people tend to vote to the
candidate who takes interest in solving their castes problem only. Caste as divisive
in Indian Politics: At times it leads to an unhealthy struggle for power and
acts as a divisive force. Caste and
organization of government: The caste factor affects state government
policies and decisions. The ruling party tries to use its decision-making
power to win the favour of major caste groups. Regional
political power for furthering the interests of the caste groups which
support or can support their regimes. Social and
political tensions: The provisions made for the protection of interests of
scheduled castes & tribes have also disturbed the social harmony in the
Indian society. But, at the same
time prevalence of caste politics has resulted in the welfare and development
of marginalised sections of society in following ways. Caste as cohesive
force in Indian Politics: It is a source of unity among the members of groups
and acts as a cohesive force. Prevalence of
caste politics in India also resulted in the enactment of legislations to
protect the rights of disadvantaged and marginalised sections of society.
e.g. Prevention of atrocities against SC & ST‘s Act -1989, Protection of
Civil Rights Act-1976. Many caste based
political parties are working more efficiently to solve the problems of their
respective castes people. Though prevalence
of caste politics in India has contributed in some way to modernize political
attitude it doesn’t indicate that it is the way through which welfare of
marginalised and disadvantaged sections can be achieved. The following
points should also need to be considered to neutralise the role of prevalent
caste politics in political attitude: The politician
should rise above the politics of caste. Remodelling of
education system on secular lines should take place which in turn help to
have a more egalitarian society and will lead to change in political
attitude. All schools must
encourage community living by organizing community meals and all students
should be included in it. It will result in empathy and compassion for fellow
human beings. Conclusion: Overall it is
observed that, caste has been politicised to pursue economic and social
interest rather than achieving the democratic ideals of justice, equality and
fraternity. This process has reached an impasse and caught into vicious
circle. Hence, we need to do away with the prevalent caste politics, which
will definitely result in elimination of retrograde political attitude and
achieve the more egalitarian social order. Caste is constantly evolving and constantly
changing its dynamism concerning Indian politics. As Sudipta Kaviraj says that there is
a continuous process of churning of caste phenomenon in India.
Its basis and modality of functioning are constantly changing through
electoral politics, economic development, and cultural change. The Indian
Constitution has taken several steps to promote equality and pursue concrete
measures such as Reservation for Scheduled Castes and other welfare measures
for the minority section, these
measures have no doubt made some dent but the institution of caste is far
from gone. |
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Party System: National and regional
political parties, |
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Conditions ** R |
The conditions for
recognition as National Party and State Party are as follows: National Party: Secure at least 6%
of the valid vote in an Assembly or a Lok Sabha General Election in any four
or more states and won at least 4 seats in a Lok Sabha General Election from
any State or States If a party wins
two % of seats in the Lok Sabha at a general election and these candidates
are elected from three states. An additional criteria includes if the party
is recognised as a state party in four states. State Party: If the party
secures 6% of the valid votes polled in the state at a general election to
the legislative assembly of the state concerned and in addition wins 2 seats
in the assembly of the state concerned. The state party
secures 6% of the valid votes polled in the state at a general election to
the Lok Sabha from the state concerned. In addition if it wins 1 seat in the
Lok Sabha from the state concerned. If it wins 3% of
the seats in the legislative assembly at a general election to the
legislative assembly of the state concerned or 3 seats in the assembly,
whichever is more. If it wins 1 seat
in the Lok Sabha for every 25 seats or any fraction thereof allotted to the
state at a general electron to the Lok Sabha from the concerned states If the state party
secures 8% of the total valid votes polled in the state at a General
Elections to the Lok Sabha from the state or to the legislative assembly of
the state. The condition was added in 2011. |
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ideological and social bases of parties;
Patterns of coalition politics; |
Coalition Government A coalition government is a form of government in
which political parties cooperate to form a government. The usual reason for
such an arrangement is that no single party has achieved an absolute majority
after an election. Meaning of Coalition Government The term ‘coalition’ is derived from the Latin
world ‘coalitio’ which means ‘to grow together’. Thus,
technically, coalition means the act of uniting parts into one body or whole.
Politically, coalition means an alliance of distinct political parties Coalition usually occurs in modern parliaments
when no single political party can muster a majority of votes. Two or more
parties, who have enough elected members between them to form a majority, may
then be able to agree on a common programme that does not require too many
drastic compromises with their individual policies and can proceed to form a
government. Features of Coalition Government The features of a Coalition Government are
highlighted below: Coalition is formed for the sake of reward,
material or psychic A coalition implies the existence of a least two
partners The underlying principle of a coalition system
stands on the simple fact of temporary conjunction of specific interest. Coalition politics is not a static but a dynamic
affair as coalition players and groups can dissolve and form new ones The keynote of coalition politics is compromise
and rigid dogma has no place in it. A coalition works on the basis of a minimum
programme, which may not be ideal for each partner of the coalition. Pragmatism and not ideology is the hall-mark of
coalition politics. In making political adjustments, principles may have to
be set aside. The purpose of a coalition adjustment is to seize
power. In India, coalitions have come up before or after
elections. The pre-poll coalition is considered advantageous as it provides a
common platform for all parties to woo the electorate on the basis of a joint
manifesto. A post-election union is intended to enable constituents to share
political power and run the government. Formation of Coalition Governments
in India The table below highlights the Coalition
Government formed in India in the ensuing years: Formation of Coalition Governments in India
(1977-Present)
Merits and Demerits of Coalition
Government The merits and demerits of a coalition government
is highlighted in the table below: Demerits and Merits of Coalition Government
Frequently asked Questions about
Coalition Governments Under which conditions can a
coalition government be formed? A coalition government might also be created in a
time of national difficulty or crisis (for example, during wartime or
economic crisis) to, give a government the high degree of perceived political
legitimacy or collective identity, it can also play a role in diminishing
internal political strife. What are the positive and negative
aspects of a coalition government? Advocates of proportional representation suggest
that a coalition government leads to more consensus-based politics, as a
government comprising differing parties (often based on different ideologies)
need to compromise about governmental policy. Another stated advantage is
that a coalition government better reflects the popular opinion of the
electorate within a country. Those who disapprove of coalition governments
believe that such governments have a tendency to be fractious and prone to
disharmony, as their component parties hold differing beliefs and thus may
not always agree on policy. |
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Pressure groups, trends in
electoral behavior; changing socio-economic profile of Legislators. |
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Politics of Representation and
Participation: Political parties, pressure groups and social movements in
advanced industrial and developing societies. |
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Constitutional Morality |
Introduction According to Dr. Ambedkar,
Constitutional morality would mean effective coordination between conflicting
interests of different people and the administrative cooperation to resolve
them amicably without any confrontation amongst the various groups working
for the realization of their ends at any cost. Constitutional morality has been
regarded as a paramount reverence for the constitution. Constitutional morality provides a
principled understanding for unfolding the work of governance. It specifies
norms for institutions to survive and an expectation of behaviour that will
meet not just the text but the soul of the Constitution. It also makes the
governing institutions and representatives accountable. Constitutional Morality is scarcely
a new concept. It is written largely in the Constitution itself like in the
section of Fundamental Rights (Article 12 to 35), Directive
Principle of State Policy (Article 36 to 51), Preamble and Fundamental
duties. Elements of constitutional morality
Supreme Court's Judgements and
Constitutional Morality Constitutional morality is not
limited only to following the constitutional provisions literally but is
based on values like individual autonomy and liberty; equality without
discrimination; recognition of identity with dignity; the right to privacy. Constitutional morality means
adherence to the core principles of constitutional democracy. For Example: In Supreme
Court’s Sabarimala verdict religious freedom, gender equality and
the right of women to worship guaranteed under Article 14, 21 and 25 of
the Constitution was reinstated which struck down the practice of banning
entry of women of a certain age to the Sabarimala temple in Kerala as
unconstitutional. Constitutional morality here went
against social morality that discriminates against women based on biological
reasons like menstruation. Other Judgments by the Supreme
Court defining Constitutional Morality: In Kesavananda
Bharati Case, the Supreme Court restricted the
power of the Parliament to violate the Basic Structure of the Constitution. In the Naz
Foundation case, the Supreme Court opined that
only Constitutional Morality and not Public Morality should prevail. In Lt
Governor of Delhi case, SC proclaimed
constitutional morality as a governing ideas that "highlight the need to
preserve the trust of people in the institution of democracy. In Sabarimala case, the Supreme
Court bypassed the “doctrine
of essentiality” to uphold the Constitutional
morality Significance Constitutional morality ensures
the establishment of rule of law in the land while integrating the
changing aspirations and ideals of the society. Constitutional morality as a
governing ideal that highlights the need to preserve the trust of the
people in institutions of democracy. As such an ideal, it allows
people to cooperate and coordinate to pursue constitutional aspirations that
cannot be achieved single-handedly. Constitutional morality can
use laws and forms to impact and change the persisting social morality. For
example, by abolishing the practice of Sati by legislation, the right to
dignity and life was passed on to the widows which later on affected the
perception of the practice in the society. Constitutional morality recognises
plurality and diversity in society and tries to make individuals and
communities in the society more inclusive in their functioning by
constantly providing the scope for improvement and reforms. For example in
Navtej Singh Johar v. Union of India, the SC provided a framework to reaffirm
the rights of LGBTQ and all gender non-conforming people to their dignity,
life, liberty, and identity. Concerns The term has not been clearly
defined by the SC, which leaves the scope of its subjective interpretation by
the individual judges. This top-down approach to morality
can affect the possibility of organic emergence of the solutions to the
persisting ethical problems in society. Violates the principle of
separation of powers: It establishes judicial supremacy over parliamentary
supremacy. Against the very principle of democratic government. It is claimed that the application
of this doctrine amounts to judicial overreach and are thereby pitting “constitutional
morality” against “societal/popular morality” Need to Uphold Constitutional
Morality The central elements of
constitutional morality are freedom and self-restraint. Self-restraint
was a precondition for maintaining freedom under a proper constitutional
government. To uphold constitutional morality,
the constitutional methods must be used for achieving social and economic
objectives. Commitment to the ideals
and aspirations of the Constitution. Awareness creation among the common public regarding their rights which are
protected by the Constitution. Following the Fundamental Duties
while exercising Fundamental Rights. Conclusion Constitutional Morality is a
sentiment to be cultivated in the minds of a responsible citizen. Upholding
constitutional morality is not just the duty of Judiciary or state but also
of individuals. The preamble of the constitution
explicitly mentions the type of society we wish to establish; it is only
through constitutional morality it can become reality. The progressive and monumental
precedents have been set-up by the judiciary in the past few years, where
this doctrine has been applied especially in relation to the cases of
gender-justice, institutional propriety, social uplift, checking
majoritarianism and other such evils. |
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