Polity Mains RRP 2021

RRP MAINS 2021
RRP 2021 – Polity Ready Reckoner
RRP 2021– POLITY

READY RECKONER
INDEX
Sl. No. Topic Page No.
1. Fundamental Rights, DPSP and Preamble 1 – 13

2. Judiciary 14 - 27
3. Executive 28 – 33
4. Legislature 34 – 45
5. Federalism 46 – 60
6. Local Governance 61 – 68
7. Emergency 69 – 71
8. Elections 72 – 79
9. Separation of Powers 80 – 83
10. Constitutional Bodies 84 - 90
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FUNDAMENTAL RIGHTS, DPSP, PREAMBLE
1. What is the Scope of Fundamental Rights?
Fundamental rights known as Magna Carta of the constitution enshrined in part 3 of

the constitution from art 12 to art 32.
Judicial Interpretations
1. Supreme Court under art 32, has original jurisdiction for the protection of
fundamental rights of citizens. Use of writs like Habeas corpus, mandamus, quo
warranto, certiorari, prohibition, Supreme Court enlarged the scope of
fundamental rights.
International covenants that govern rights

1. Art 6-27 of ICCPR which guarantee physical integrity, equality before law, freedom
of religion, freedom of movement etc…
2. UN Human Rights Committee: the International Covenant on Civil and Political
Rights (ICCPR) 1976, which under Article 21 guarantees the right to peaceful
assembly.
Constitutional provisions
3. Some FRs are available only to citizens (art 19) while some (art 14) are available
to all.
4. State can impose reasonable restrictions on FRs, thus making them qualified
and not absolute art 19(2).
5. All FRs are available against arbitrary action of state (art 16) while some are
available against private individuals as well (art 17).
Limitations and Exception

6. These rights can be suspended during the operation of national emergency
except art 20 and art 21.
7. Their application may be limited when military rule is imposed (art 34).
8. Some of them are negative in nature i.e., placing limitations on authority of the
state, while others are positive, conferring privileges on the persons.
9. They are justiciable, people can move the courts for their
Federal provisions with respect to fundamental rights

10. Parliament can make laws to give effect for their enforcement and not the state
governments.
11. The dicta observations of the Supreme Court judges and eminent jurists also
enlarged the scope of fundamental rights.
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“Our Constitution is primarily shaped and moulded for the common man ... It is
a Constitution not meant for the ruler ‘but the ranker, the tramp of the road’.” –
N.A. Palkhivala.
2. What are the Reasons for the Expansion of Fundamental Rights?
Efforts from the judiciary

1. Supreme Court in Sakal Papers Pvt Ltd vs Union of India case ruled that
freedom of press constitutes freedom of speech and expression and cannot be
curtailed unlike general business
2. Constitution doesn’t explicitly mention certain rights Supreme Court through its
interpretation made them enforceable (Right to travel abroad, SC in Sawant
Singh Sawhney vs D Ramarathnam that it constitutes right to life and personal
Liberty ,art 21 )
3. Supreme Court gave new interpretations to rights with changing times ( right to
privacy in K.S Puttaswamy vs Union of India case and right to be forgotten (
Rajagopal vs State of TN ) constitutes fundamental rights)
Parliamentary Initiatives
Right to information through RTI act 2005
4. State provides for positive reinforcement of fundamental rights like right to free
and compulsory education (art 21A)
5. State make laws for prohibition of child labour ( art 24)
6. International covenants on civil and political rights (ICCPR)also has a bearing on
FRs ( right to protest being a fundamental right )
3. Supreme Court Judgments on Scope of Fundamental Rights:

1. In Keshavananda Bharati case Supreme Court noted that Basic structure of the
constitution could not be abrogated even by constitutional amendment
2. Right to go abroad is a part of personal Liberty under art 21
3. Supreme Court in Indira Sawhney vs union of India case examined the scope of
art 16(4) and upheld 27% reservations for the OBCs
4. Romesh Thapar case (1950) Supreme Court held that freedom of speech and
expression includes freedom of propagation of ideas that can only be ensured by
circulation.
Supreme Court on right to life

5. To take away the life/ personal Liberty of a person the law must pass the test of
reasonability and the law be fair, follow due procedure.
6. Supreme Court in Olga Tellis Case concluded that right to life includes right to
livelihood
7. Supreme Court in DK Basu vs Government of WB noted that right of prisoners
for a dignified life forms a part of art 21
8. Supreme Court also included right to clean environment as a fundamental right

under art 21 in Vellore citizens forum case.
9. In Maneka Gandhi case Supreme Court held that personal liberty in Article 21
is of widest amplitude ,Article 21 and Article 19 go together and they mutually co-
exist and noted that right tolife includes right to live with dignity.
4. Recent Events in which Rights of Citizens Challenged by the State.

1. Aadhar and it’s enabling act where it’s possible that the state (UIDAI) acquires the
private data including biometric details of the citizens may compromise their
privacy
2. Imposition of section 144 of CRPC and suspension of Internet services in
Jammu and Kashmir
3. RBI ban on cryptocurrency struck down by SC as against right to free trade
across the country (art19)
4. Use of laws like sedition (Section 124A of IPC 1860) and UAPA to curb freedom
of speech and expression (Conviction rate is only 3.3%).
5. Freedom of Speech and Movies as a Medium.

1. Art 19(1)(a) right to freedom of speech and expression includes not only words
of mouth, but also a speech by way of writing, pictures, movies, banners etc..
this is further endorsed by UDHR and ICCPR
2. Movies inherently possess power to change the popular perception on an issue
as it is a powerful media.
Parliamentary laws having an impact on movies.

3. Parliament according to entry 60 and states under entry 33 of schedule 7 of the
constitution can make laws on cinema.
4. In that regard cinematograph act 1952 had been enacted.
5. The ban on movies is legally justifiable only on the seven grounds mentioned in
art 19(2) of the constitution.
Movies banned by the Government

3. However movies have been banned citing the reason that they depict India in a
bad light
4. Movie like Water (2005) dealt with the plight of the widows in Varanasi,’ tackled
the issues of ostracism and misogyny was banned for the same reason.
5. BBC’s documentary India’s daughter (2015) banned for showing India in a poor
light. Judicial interpretation.
6. Supreme Court in R.Rajagopal vs State of Tamil Nadu (1994) ruled against such
banning of movies.
6. Freedom of Speech and Laws which have Chilling Effect on Freedom of Speech
and Expression
1. Right to freedom of speech and expression his/her views ,opinions, beliefs and
convictions freely by word of mouth ,writing, printing, picturing or in any other
manner.
1. State’s control over freedom of speech
2. State can impose reasonable restrictions on FRs ,thus making them qualified
and not absolute (art 19(2).
3. Use of laws like sedition ( section 124A of IPC 1860 ) and UAPA to curb freedom
of speechand expression ( conviction rate is only 3.3%)
4. 5. Defamation is a criminal offence under section 499 of the IPC citing that right
to freedom of speech and expression is not an ultimate license to defame
another person and hinder their reputation
5. Restrictions based on section 292 and section 294 of IPC to deal with obscene
content
Judicial Interpretations and Restrictions

6. Contempt of court being punishable under art 129 and art 215 of the
constitution by the Supreme Court and High courts respectively
Supreme Court in Subramaninan Swamy vs union of India case noted that to
protect freedom of speech and expression the reputation of individuals cannot
be allowed to be sullied.
7. Freedom of speech and expression and contempt of court.
9. Art 129 – grants Supreme Court power to punish for contempt of itself
10. Art 142(2) – enables the Supreme Court and punish any person for its contempt
11.Art 215 -grants every HC the power to punish for its contempt.
12. However the expression contempt of court has not been defined by the
constitution 13.Civil contempt is wilful disobedience of any judgement, decree of
the court
14. Criminal contempt includes 4rganize4ion the court, interfering in court
proceedings, obstruction of administration of justice.
15. Contempt of court act 1971 amended in 2006 to include truth as defence, where
the court must permit justification by truth as valid defence.
Supreme Court observations

16. In Duda P.N vs Shivashankar.P SC observed that contempt jurisdiction should
not be used byjudges to uphold their own dignity
17. In Autoshankar case in TN, SC invoked “Sullivan doctrine” that public persons
must be opento stringent comments and accusations as long as made with
bonafide diligence even if untrue
18. In Arundhati Roy case, SC observed that fair criticism of the conduct of a judge
and its functioning may not amount to contempt if made in good faith in public
interest.
7. Freedom of Speech and Expression and Sedition.
Legal Provisions guiding sedition law.
Sedition as per section 124A of IPC(1860) as, “whoever, by words, either spoken or
written, or by signs, or by visible representation, or otherwise, brings or attempts to
bring into hatred or contempt, or excites or attempts to excite disaffection towards, the
Government established by law, shall be punished with imprisonment for life to which
fine may be added.
Section 124A of IPC (1860) is a wide provision as dissenters, critics in media, political
opposition, and civil society representatives who perform the critical adversarial
function are atrisk
1. Supreme Court in Kedarnath Singh vs state of Bihar (1962) read out the
provisions and limitations of section 124A of IPC as acts involving tendency to
create disorder or disturbanceof law and order or incitement to violence
2. Supreme Court in Shreya Singhal vs Union of India (2015) case noted that
terms liked is affection are vague and that would be sufficient to invalidate the
act
3. Sedition is not included under reasonable restrictions in art 19(2)
4. Supreme Court in superintendent ,central prison ,Fatehgarh vs Ram Manohar
Lohia case observed that there should be close proximity test, causality test
besides tendency test in sedition% charges
5. Supreme Court in Romesh Thapar vs the State of Madras case noted that
nothing less than endangering the foundations of the state or threatening its
overthrow could justify curtailment ofthe rights to freedom of speech and
expression.
8. Freedom of Speech and Expression and Section 66A of It Act.

1. Empowered the police in their subjective discretion make arrests on causing
gross offence or annoyance or disturbance
2. It prescribed punishment of 3 years of imprisonment for sending messages
through computers, mobile phones etc..
3. Issues with the act include.
4. It is based on undefined actions like inconvenience, obstruction etc.. which do
not form part ofart 19(2)
5. The line between freedom of speech and expression and creating inconvenience
is blurred andis subjective
6. Supreme court also observed that it is against art 19 and art 21

7. Yet the invalidated act is still being invoked after 6 years of nullification in Shreya
Singhal case(2016)
8. 742 cases are pending before district courts related to the act as observed by
PUCL
9. Art 21 Expansion and Related Judgements.
Supreme Court judgements on right to life
1. Supreme courts in AK Gopalan case took a narrow view of personal liberty and
observed that it confines only to physical liberty and art 19 1(d) and art 21 have
to be treated separately
2 In Karak singh vs state of UP Supreme Court noted that personal Liberty is
more than mere Physical animal existence
3 In Maneka Gandhi case Supreme Court held that personal liberty in Article 21
is of widest amplitude ,Article 21 and Article 19 go together and they mutually co-
exist and noted that right to life includes right to live with dignity
4. In order for the law to take away the life/ personal Liberty of a person it must pass
the test of reasonability and the law be fair ,follow due procedure
5. supreme court in Olga Tellis case concluded that right to life includes right to
livelihood
6. Right to education being part of right to life under art 21A
7 Supreme Court in DK Basu vs government of WB noted that right of prisoners
for a dignified life forms a part of art 21
8 Supreme Court also included right to clean environment as a fundamental right
under art 21 in Vellore citizens forum case
9 Right to Privacy as a part of right to life in K.S Puttaswamy case
10. Right to die with dignity in Aruna Shanbaug case where the court 6rganize6i the
“Living will” of the person to withdraw medical support
11. Recently right to chose life partners under right to personal Liberty
12. Right to life applies to deceased people -Stan Swamy to clear his reputation.
24. Freedom of Religion and Secularism

Constitutional provisions guaranteeing freedom of religion
1. Art 25 guarantees the freedom of conscience and free profession, practice and
propagation of religion
2. The above mentioned freedoms are subject to public order ,public health and
morality
3. Art 26 Freedom to manage religious affairs, art 27 freedom as to payment of
taxes for promotion of any particular religion and art 28 freedom as to attendance
of religious instruction in certain educational institutions
4. Indian constitution always contained the spirit of secularism but made it explicit
through 42nd amendment 1976.

In difference with western model of secularism
5. Indian model of secularism differs from western model of complete separation of
state and church, Indian state maintains equal respect and distance from all
religions
6. Indian state has chosen a positive engagement model like offering financial
assistance to religious institutions, governing Hindu temples, setting up Waqf
boards
7. Indian state also invalidated certain religious rituals which are against FRs like
instant triple talaq, temple entry restrictions on women (Sabarimala judgement )
Supreme Court on right to religion

8. Art 25(1) provides for right to profess ,propagate and practice religion.yet,
Supreme Court in Rev Stainislaus vs state of MP held that right to preach does
not include right to conversion but Ina recent judgement,Justice F Nariman said
people have a right to choose religion
10. Supreme Court in Narasu Appa Malli case upheld statutory prohibition of
polygamy among Hindus against the demand for right to freedom of religion and
noted that constitutional backed social reform is not violative of art 25.
11. competitive politics led to 7rganize7ion7n of religion 7rganize7ion of people based
on primordial identities, leading to inter religious conflict and communal riots
DPSP
11. Differences with Fundamental Rights Supreme Court Verdicts

1. Kerala education bill (1957) Supreme Court propounded the doctrine of harmonious
construction to avoid conflict between FRs and DPSPs
2. In Champakam Dorairajan case, SC held that FRs are superior to DPSPs in reaction
to that parliament amended the constitution( FRs ) which were in conflict with DPSPs
3. In Golaknath case, the Supreme Court noted that FRs cannot be amended or
abrogated to implement DPSPs to which parliament responded with 25 th CAA making
two changes a) A law is made to give effect to art 39(b) and 39(c) in the process if the
law violates art 14,19 orart 31 ,it should not be declared unconstitutional
4. Keshavananda Bharati case (1973) Supreme Court propounded BSD while upholding
the power of parliament to amend constitution under art 368.
5. While parliament often tried to assert parliamentary supremacy and primacy of DPSPs
over FRs, supreme court maintained the balance.
12. Are DPSPS Adequately Implemented in India.
Parliamentary initiatives
1. The planning commission was established in 1950 to take up the development
of the country
2. State governments have implemented land reforms along with
(a) Abolition of intermediaries like zamindars, jagirdars and inamdars etc..
(b) Tenancy reforms like security of tenure ,fair rents
(c) Imposition of ceilings on land holdings d) distribution of land among
landless labourers and
(e) Cooperative farming
3. Minimum wages act (1948) ,contract labour regulations and abolition act (1986)
4. Maternity benefit act (1961)
5. Legal services Authorities Act (1987) set up free and competent legal aid for the
poor
6. Community Development Programme (1952)
7. Wildlife Protection Act 1972 ,laws to prohibit the slaughter of cows ,cattle
8. PHCs and Hospitals have been established to improve public health.
13. Challenges in Implementing DPSPs:

1. Lack of resources to cater to such huge and diverse population
2. Implementation of some DPSPs like art 44 may lead to usurpation of religious
rights of minorities
3. Development vs environment conflict wrt art 48 preference to one over the other
comes with huge opportunity cost
4. Lack of political will and administrative inefficiency led to incomplete land reforms
and led to land fragmentation owing to improper reforms in tenancy act etc..
5. K.Santhanam pointed out that the directives lead to constitutional conflict a)
between the centre and the states b) between president and the PM c) between
the governor and the chiefminister
24. Why and how DPSPS gained Preponderance Over FRS

1. Art 37 creates a moral obligation on state to implement DPSPs
2. In Minerva mills case (1980),the supreme court held that Indian constitution is
founded on the bedrock of the balance between FRs and DPSPs
3. So parliament can amend even fundamental rights to implement DPSPs as long
as the amendment doesn’t destroy the basic structure of the constitution
4. Several imposes provisions which are important in managing a liberal
democracy like promotion of international peace and security, improvement of
environment and safeguarding of forests and wildlife are included under DPSPs
5. Several DPSPs gained the status of laws through constitutional amendments
and parliamentary laws like 73rd and 74th CAA and three tier panchayats raj,
Maternity benefit schemes, schemes for SCs, STs and other weaker sections of
the society etc….
15. Recent Steps taken by Government of India to Implement DPSPS

1. In pursuance of art 39A the “Legal services Authorities Act (1987) to provide free
legal aid to the weaker sections
2. Parliament had come up with 73rd and 74th CAA to give effect to art 40
3. Parliament came up with 86th CAA in 2002 which inserted art 21-A to provide
free and compulsory education to all children of 6-14yrs
4. India is a part of several minilateral and multilateral groupings and contributing
towards global and peace and prosperity is in accordance with art 51
5. Provision of early childhood care under ICDS scheme and anganwadi services is
a step in direction to accomplish objectives under art 45 . Recent schemes like
New Education Policy(2020) also includes early childhood care.
6. Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) get
their authority from Article 39(a) which talks about the right to adequate means
of livelihood.
7. Child Labour (Prohibition and Regulation) Act 1986 bolster the canons of Article
39(g) which deals with the protection of children.
8. Workmen Compensation Act, Minimum Wages Act, Industrial Employment
(Standing Orders)Act, The Factories Act, and Maternity Benefit Act depict the
implementation of Article 41, Article 42 and Article 43A.
16. Changed Interpretations of DPSPS before and after Emergency

1. Trend of judicial interpretations regarding DPSPs changed after the emergency
(1975-1977)
2. The Supreme Court in Minerva mills case (1980) gave the doctrine of
harmonious construction between the FRs and DPSPs which has directed the
states to protect the rights provided under part 4 of the constitution
3. Certain DPSPs have been reinterpreted and given the status of FRs
4. Equal pay for equal work ,right to education, free legal aid ,speedy trail ,protection
of children from exploitation, abolition of child labour ,protection of women from
sexual harassment at workplace and medical assistance to workers.
5. Several judicial interventions to protect environment.
17. Are DPSPS Adequately Implemented

1. pursuance of art 39A the “Legal services Authorities Act (1987) to provide free
legal aid to the weaker sections
2. Parliament had come up with 73rd and 74th CAA to give effect to art 40
3. Parliament came up with 86th CAA in 2002 which inserted art 21-A to provide
free and compulsory education to all children of 6-14yrs
4. India is a part of several mini lateral and multilateral groupings and contributing
towards global and peace and prosperity is in accordance with art 51
5. Provision of early childhood care under ICDS scheme and anganwadi services is
a step in direction to accomplish objectives under art 45 . Recent schemes like
New Education Policy(2020) also includes early childhood care

6. Yet there are several provisions in DPSPs that could not be implemented due to
7. Lack of resources to cater to such huge and diverse population
8. Implementation of some DPSPs like art 44 may lead to usurpation of religious
rights of minorities
9. Development vs environment conflict wrt art 48 preference to one over the other
comes with huge opportunity cost
10. Lack of political will and administrative inefficiency led to incomplete land reforms
and led to land fragmentation owing to improper reforms in tenancy act etc..
11. K.Santhanam pointed out that the directives lead to constitutional conflict a)
between the centre and the states b) between president and the PM c) between
the governor and the chief minister
18. Cow Slaughter and DPSPS.

Constitutional Provisions
1. Art 48 of the Indian constitution advocates that the state shall endeavour to
10rganize agriculture and animal husbandry on modern and scientific lines and
shall, in particular take steps for preserving and improving the breeds and
prohibiting the slaughter of cows and calves and other milch and draught cattle.
Jurisdiction on Law Making

2. In 1953 P.M Jawaharlal Nehru noted that the issue is to be decided by the states
3. Several states have made cow slaughter ban under art 48 operational after
passing laws
4. While states like GJ,MH,U.P have completely banned cow slaughter states like
WB allow it in case of old and unfit cows after the acquisition of “fit for slaughter”
certificate
5. As of today states like Kerala, Meghalaya, Manipur, Tripura, Nagaland have no
laws prohibiting cow slaughter.
6. Central Government on 23rd May 2017issued a notification imposing a ban on
the sale and purchase of cows and buffaloes in the animal markets for the
purpose of slaughter.
7. Prevention of Cruelty to Animals (Regulation of Livestock Market Rules), 2017,
issued by the Ministry of Environment, Forests and Climate Change permits
only the farmland owners to indulge into trade at animal markets.
19. Dpsps and Uniform Civil Code

1. Art 44 says the state shall endeavour to secure for the citizens a uniform civil
code throughout the territory of India
2. It covers areas like marriage ,divorce, maintenance, inheritance, adoption and
succession of the property
3. It is based on the premise that there is little connection between religion and law
in modern 11rganize11ion
4. In 1840 Lex Loci report stressed the importance and necessity of having a
codified Indian law relating to crimes, evidence and contract but noted that
personal laws be kept outside
5. During the drafting , Dr Ambedkar stressed on importance of UCC
6. Subsequently, Hindu marriage act ,minority and guardianship act etc ..have
been enacted which provided for civil marriages outside the purview of personal
laws
7. Supreme Court in 1985 Shah Bano case ruled in her favour and under section
125 of All India Criminal Code which applied for all citizens irrespective of
religion ,SC further recommended UCC
8. Further Supreme Court in Daniel Latifi case and Sarla Mudgal case reiterated
that religious doctrines cannot be used to hijack or override secular laws
20. Socialism and DPSP

1. DPSPs reflect Indian model of socialism i.e democratic socialism and not
doctrinaire socialism which insistence on state ownership as a matter of policy
but a state apparatus to provide social and economic justice under art 38
2. To secure adequate means of livelihood for all the citizens b) equitable distribution
of resources and prevention of concentration of wealth under art 39
3. Jawaharlal Nehru noted that democratic socialism is where political Liberty
,equally and tolerance coexist
4. To promote equal justice and free legal aid to the poor under art 39A
5. The word socialism is explicitly added into the constitution with 42nd CAA in
1976
6. Supreme Court observed in Samantha vs state of Andhra Pradesh that principle
aim of socialism is to eliminate inequality of income ,standards of life and to end
disease
21. DPSPS and Cooperatives

1. Art 43-B provides for the promotion of cooperative societies and states that the
state shall endeavour to promote voluntary formation, autonomous functioning,
democratic control and professional management of cooperative societies
2. There are more than 5 lakh rural cooperatives in India
3. 97th amendment act and part 9 B of the constitution have been enacted to give
cooperatives a status of fundamental rights where art 19(1)© has been inserted
under part 3
4. Recently Supreme Court struck down part of 97th amendment act and part 9B
as it usurps state list subjects (entry 32) in the seventh schedule and it requires
ratification by the states
22. Gandhian thought and DPSPS

1. Gandhian principles have been incorporated in the Indian constitution in the
DPSP
2. Art 40 which stipulates to 11rganize village panchayats and endow them with
necessary powers and authority to enable them to function as units of self
government because Gandhiji thought that villages should be units of amity
and development, Gandhi gave good emphasis to swarajya through his idea of
village republics
3. To promote cottage industries on an individual or cooperation basis in rural
areas under art 43as Mahatma Gandhi believed that cottage industries will
effectively reduce poverty and rural distress
4. To promote voluntary formation, autonomous functioning of cooperative
societies under art 43B.
23. Preamble and Philosophy of the Constitution

1. Preamble is an introductory statement in a document that explains the
document’s philosophy and objectives
2. It presents the intention of its framers, the history behind its creation, and the
core values and principles of the nation.
3. Preamble reveals the source of the authority of the constitution. It clarifies that the
constitution derives its authority from the people of India
4. It states the nature of the state, It states that India to be of a sovereign socialist,
secular, democratic and republican polity
5. It states that India is an independent republic it is neither a dependency nor a
dominion of any other nation
6. Preamble signifies the grand and noble vision of the constituent assembly and
reflects the dreams and aspirations of the founding fathers of the constitution.
24. Significance Of Preamble

1. Preamble as noted by Sir Alladi Krishnaswami Iyer a member of the constituent
assembly noted that preamble to the constitution expresses what we had
thought or dreamt so long
2. According to KM Munshi , a member of the drafting committee of the constituent
assembly, the preamble is the horoscope of our sovereign democratic republic’.
3. Pandit Thakurdas Bhargava observed that preamble is the most precious part of
the constitution. It is the soul of the constitution. It is the key to the
constitution. It is the Jewel setin the constitution. It is the proper yardstick with
which one can measure the worth of the constitution
4. Preamble is the key note to the constitution as observed by Ernest Barker
Supreme Court Observations

1. In A.K Gopalan v. State of Madras It was contended that the preamble to our
constitution which seeks to give India a democratic constitution should be the
guiding start in its interpretation.
2. In Berubari case, it was ruled out that the Preamble to the Constitution,
containing the declaration made by the people of India in exercise of their
sovereign will, no doubt it is a key to open the mind of the makers.
25. Sovereignty
1. There are two aspects of sovereignty internal and external ,internal sovereignty
means some persons in every independent state have the final legal authority to
command and enforce obedience
2. As Prof Laski has very aptly remarked that a sovereign issues orders to all
associations within that area and receives orders from none of them.
3. External Sovereignty is the state subject to no other authority and independent
of any compulsion on the part of the other states
4. Exclusiveness - That is there can be no two sovereigns , in one independent
state and if two sovereigns exist in a state , the unity of the state will be
destroyed.
5. All comprehensiveness- it makes no exception and grants no exception to
anyone. Every individual and association will be under complete control of the
sovereign.
6. Sovereignty is inalienable- state cannot transfer its sovereignty to any other state.
State cannot be alienated from its sovereignty
7. Sovereignty cannot be confined to certain area and there can be no exception to
area within the country. It applies to the whole region.
JUDICIARY
1. Novel Trends in Judicial Review:
What is Judicial Review?

1. Power of Judiciary to review the acts of the legislature or the executive in order
to determine the constitutional propriety.
2. For example: SC struck down Section 66(A) of the amended Information
Technology Act, 2000 as violating Article 19(2) of the Constitution.
3. Adopted on the lines of Judicial review in the American constitution.
Phase 1:
4. Article 13(2): if a law violates any fundamental rights guaranteed, the law is
declared void.
5. Articles 32 and 226 empower people to approach the courts for the violation of
their Fundamental rights.
6. The courts adopted the rule of law principle and strict interpretation of laws.
7. The scope of Judicial review was limited and used only if the laws were in direct
conflict with the Fundamental rights.
Phase 2: Adoption of Basic Structure:

8. Basic structure doctrine after the Kesavananda Bharati case gave the higher
Judiciary the right to veto any law.
9. What constitutes the basic structure was not defined.
10. This gave the higher judiciary a wide berth in exercising the judicial review of
laws which sometimes amounted to judicial activism.
Phase 3: PIL and the exclusion of Locus Standi on issues of Public concern:
11. Gave rise to Suo moto cases
12. Judicial intervention even when there is no complaint from the aggrieved party.
For Example: The SC ordered a ban on bursting of firecrackers during Diwali
owing to increase in pollution in the NCR region interpreting Article 21: Right to
life and liberty as including right to live in a clean environment.
2. Modes of Judicial Review:

There are three modes of Judicial reviews:
1. Judicial review of legislative actions: The Judiciary can review the laws for
Constitutional propriety.
2. Judicial review of administrative actions: The Judiciary can review the
administrative actions and declare them ultra-vires if they are arbitrary and
unconstitutional.
3. Review of Judicial decisions: The Judiciary from time to time can review its
own decisions as seen in Golaknath case, Banks nationalization case, Minerva

Mills case, Shreya Singhal case etc…
3. Scope of Judicial Review:

1. Judiciary can review the following:
 Judicial review of legislative actions
 Judicial review of administrative actions
 Review of Judicial decisions
Reasons for widening scope of Judicial Review:

2. The emergence of Basic structure doctrine and PIL widened the scope for
Judicial review
3. Increased interventions - sometimes leading to Judicial activism and overreach
Restraint in using Judicial Review:

4. Judicial review is to check for constitutional propriety and not for checking
Policy correctness of the Government.
5. For example: In the “Central Vista project” petition, the S.C. has refused to treat
the Central Vista project as one needing heightened Judicial review.
4. Grounds for Judicial Review:

1. Article 13: Any law made in contravention of the mandate shall, to the extent of the
contravention, be void.
2. Article 32: Right to directly approach the SC to seek remedies against the violation of
Fundamental Rights.
3. Article 226: Empowers the Hon’ble High courts to issue writs.
4. Public Interest Litigation: Led to the discontinuation of the principle of Locus
Standi, have allowed the judiciary to intervene in many public issues.
5. Coelho Case and Judicial Review:

I.R. Coelho v. State of Tamil Nadu:
 A nine-member bench of Supreme Court held - ninth schedule items are not
immune to judicial review as it is part of the constitution.
 Nothing in the Ninth schedule can abrogate fundamental rights and Basic
structure.
 The objective behind Article 31B of the Constitution is to remove difficulties and
not to wipe out judicial review per se.
 Therefore, every amendment to the constitution including amendment to the
Ninth schedule has to be in accordance with the basic structure doctrine.
6. Efficacy of Judicial Review in India:
Protecting the Constitution:

1. Is essential for maintaining the supremacy of the Constitution.
2. Prevents the tyranny of executives.
3. Maintains the checks and balances.
4. Essential for checking the possible misuse of power by the legislature and
executive.
5. Essential for securing the independence of the judiciary.
6. Protects the rights of the people.
Does it lead to Judicial overreach and violation of separation of powers

7. It leads to Judicial activism and Judicial overreach.
8. Judicial Review limits the functioning of the government.
9. The judicial opinions of the judges once taken for any case become the standard
for ruling other cases.
10. Repeated interventions of courts can diminish the faith of the people in the
integrity, quality, and efficiency of the government.
11. The judiciary cannot interfere in political questions and policy matters unless
absolutely necessary.
12. The judgments can be influenced by personal or selfish motives, hence, Judicial
review can harm the public at large.
13. It violates the limit of power set to be exercised by the constitution when it
overrides any existing law.
Judicial Activism:
7. Judicial Activism – Impact on Indian Polity:

1. It has both a positive as well as a negative impact on the Indian Polity.
Impact on Legislatures:
2. It is essential for checking the possible misuse of power by the legislature.
integrity, quality, and efficiency of the government and the legislatures.
Impact on Executive:
4. It prevents the tyranny of executive.
Impact of Judicial decisions:

5. It is essential for securing the independence of the judiciary.
6. Judicial Review limits the functioning of the government.
7. The judicial opinions of the judges once taken for any case become the standard
for ruling other cases.
8. Judicial Activism-Provisions Of The Constitution And Supreme Court

Judgements / Doctrines That Led To The Rise Of Judicial Activism
Fundamental Rights:
1. Article 13: Any law made in contravention of the fundamental rights shall, to
the extent of the contravention, be void.
2. Article 32: This provides citizens the right to directly approach the SC to seek
remedies against the violation of Fundamental Rights.
Provisions in the Constitution:

3. Article 141: It treats such constitutional rulings as “law of the land‟ thereby
making it binding precedent.
4. Article 226: Empowers the Hon’ble High courts to issue writs.
Public Interest Litigation (PIL):

5. Public Interest Litigation: Led to the discontinuation of the principle of Locus
Standi, have allowed the judiciary to intervene in many public issues
Supreme Court Judgements/ Doctrines:

6. Keshavananda Bharti cAse, the apex court of India declared that the executive
had noright to tamper the basic structure of the constitution.
7. I. C. Golaknath & Ors vs State of Punjab & Anrs. the Supreme Court
declared that Fundamental Rights enshrined in Part 3 are immune and cannot
be amended by the legislative assembly.
9. Judicial Legislation - Why?

What Is The Justification? Factors For The Rise Of Judicial Activism?
What is Judicial Legislation?

1. ARTICLE 141: It treats such constitutional rulings as “law of the land‟ thereby
making it a binding precedent.
2. Court interprets the law innovatively and sets a precedent, these judicial
rulings become Judicial Legislations.
Why do they arise?

3. The power of judiciary to review the actions of the legislature.
4. The failure of the legislatures to legislate according to the needs of the people.
5. Lack of proper debate and research in legislating laws.
Protection of People’s rights:

6. SC is the ultimate guardian of constitution and guarantor of Fundamental
rights.
7. People repose great faith on the judiciary.
10. Judicial Legislations: Examples:

1. Second Judges case (1993) and the Third judges case(1998):Created the
collegium system of appointment of judges - not based on any provision of the
constitution.
2. Arun Gopal Vs Union of India (2017): The SC prohibited bursting of
firecrackers during Diwali in the NCR region interpreting Article 21: Right to life
and liberty as including right to live in a clean environment.
3. M.C.Mehta Vs Union Of India(2018): The SC prohibited the sale of BS 4
vehicles after March 2020.
4. Subhash Kashinath Mahajan Vs State of Maharashtra (2018): The SC
prohibited immediate arrest under the Prevention of Atrocities of SC/ST act
unless there was a written permission from the authority.
11. Judicial Legislations: Challenges:

1. In Ram Jawaya v. The State of Punjab (1955), the court observed: “Our
Constitution does not contemplate assumption, by one organ of the state, of
functions that essentially belong to another.”
2. This implies that there should be a broad separation of powers among the three
organs of the state.
3. One organ should not encroach into the domain of another.
4. If this happens, the delicate balance in the Constitution will be upset and there
will be chaos.
5. The judicial opinions of the judges once taken for any case becomes the
standard for ruling other cases.
6. Judicial activism can harm the public at large as the judgment may be
influenced by personal or selfish motives.
integrity, quality, and efficiency of the government.
12. Difference between Judicial Review and Judicil Legislation.

Judicial Review Judicial Activism
 The power of Judiciary to review the  Judicial Activism means the
Acts of the legislature or the rulings of the court based on
executive in order to determine the political and personal rational and
constitutional propriety is known as prudence of the Judges presiding
the “Doctrine of Judicial Review”. over the issue.
 It is a legal term referring to court
 Article 13 and Article 32 empowers rulings based, in part or in full, on
the Supreme Court to review the the political or personal factors of
statutes and actions. the Judge, rather than current or
existing legislation.
 In the Second Judges case (1993)

 For example: In 2015, the SC struck
and the Third judges case(1998)
down Section 66(A) Information
which created the collegium system
Technology Act, 2000 as violating
of appointment of judges was not
the Article 19 Freedom of speech
based on any provision of the
and expression.
constitution.
 It erodes the doctrine of separation
 It strengthens the checks and
of powers as the court may
balances between different organs of
encroach on the legislative powers
the state.
of the legislature and executive.
13. Judicial Activism and its Role in the Protection of Environment:

1. Judiciary has played an important role in the protection of the environment.
Court.
2. Municipal council, Ratlam Vs Shri Vardichand and Ors. (1980);
On issue of Public sanitation and the elimination of open sewage, the Hon’ble
SC interpreted the Article 38 of the constitution and directed for action.
3. Rural Litigation and Entitlement Kendra Vs. State of Uttar Pradesh and
Ors., 1985 (Dehradun Valley's Case): The SC took cognizance of the effect of
limestone mining in the Himalayas and immediately directed the Government to
ban mining.
4. Union Carbide Corporation Vs. Union of India (Bhopal Gas Tragedy):
The SC applied the “Polluter pays” principle and also the “absolute liability” of
the company for the disaster and ensure justice for the victims.
5. M.C.Mehta Vs Union of India (Oleum gas leakage case):
The SC reinforced the principle of strict liability and polluter pays principle.
6. M.C.Mehta Vs Union of India (Ganga pollution case):
The SC held that untreated chemical discharge is polluting the river Ganga on
a large scale and gave directions for treatment of effluents before discharge.
7. Vellore citizens welfare forum vs Union of India:
8. The SC held the “Precautionary principle” where it held that proper
environmental care should be taken rather than undertaking remedial
measures
14. Judicial Activism and its Role in Curbing Corruption:

 Judicial activism has played an important role in curbing corruption.
 In Vineet Narain vs Union of India, the SC had laid down the guidelines for
independence of CVC and CBI.
 In Dr.Subramania Swamy Vs Dr Manmohan Singh & ors. , the SC has struck
down Section 19 of Prevention of Corruption Act which mandated the obtaining
 Supreme Court bench in 2013 struck down as unconstitutional section 8 (4) of
the Representation of the People Act, 1952, which had allowed lawmakers to
appeal before higher court and get a stay on their conviction.

 Supreme Court has monitored numerous anti-corruption probes to prevent
political interference. For eg. 2G spectrum case, coal blocks case.
 Government’s permission for prosecution of public servants.
15. Judicial Activism and Ideals of Democracy:

1. Protection of Fundamental Rights:
 Article 13: Any law made in contravention of Fundamental Rights to the
extent of the contravention, be void.
 Article 32: This provides citizens the right to directly approach the SC to
seek remedies against the violation of Fundamental Rights.
 SC has always protected the erosion of FR
 Kesavananda Bharati judgement and evolution of the Basic has
protected the constitution of India.
 SC gave numerous judgements interpreting the Fundamental rights
liberally and holistically.
 Menaka Gandhi judgement gave a very liberal interpretation of what
constitutes the right to life in article 21.
 Indira Sawhney judgement gave the interpretation of equity over equality.
 Puttaswamy judgement gave right to privacy a fundamental right under
article 21.
2. Implementation Of DPSP:
 SC allows reasonable restrictions on FR for the implementation of DPSP.
 For Eg.: Right to property was removed from a fundamental right to a
legal right.
 This position was reinforced in Kesavananda Bharai and Minerva mills
judgements.
3. The SC protects people from arbitrary executive actions.
4. SC ensure Justice.
5. It ensures proper working of all constitutional and non constitutional bodies
through writs and directives.
Public Interest Litigation
16. Evolution of PIL and Recent Changes:

 Evolution of PIL:
 The seeds of the concept of public interest litigation were initially sown in India
by Justice Krishna Iyer, in 1976 in Mumbai Kamagar Sabha vs. Abdul Thai.
 The first reported case of PIL was Hussainara Khatoon vs. State of Bihar on
the inhuman conditions of prisons and under trial prisoners.
2. Impact of PIL and recent changes:

 A tool for enforcing the legal obligation of the executive and the legislature.
 The chief objective behind PILs is ensuring justice to all and promoting
the welfare of the people.
 It is generally used to safeguard group interests and not individual
interests, for which Fundamental Rights have been provided.
 The Supreme Court of India and the High Courts have the right to issue
PILs.
 The concept of PILs stems from the power of judicial review.
 The concept of PILs has diluted the principle of locus standi, which
implies that only the person/party whose rights have been infringed upon
can file petitions.
 It has most ideally and commonly been used to challenge the decisions of
public authorities by judicial review.
 They have been responsible for some landmark judgements in India such
as the banning of the instant triple talaq, opened up the doors of the
Sabarimala and the Haji Ali shrines to women, legalised consensual
homosexual relations, legalised passive euthanasia, and so on.
17. Who can File a PIL and on what Basis a Court can Accept or Reject a PIL:
1. Any Indian citizen or organization can move the court for a public
interest/cause by filing a petition:
 In the SC under Article 32
 In the High Courts under Article 226
2. The court can treat a letter as a writ petition and take action on it.
3. The court has to be satisfied that the writ petition complies with the following:
 The letter is addressed by the aggrieved person or a public-spirited
individual or a social action group for the enforcement of legal or
constitutional rights to any person who, upon poverty or disability, are
not able to approach the court for redress.
 The court can also take action on the basis of newspaper reports if it is
satisfied with the case.
Role of Supreme Court
18. What Is The Position Of Supreme Court Under The Constitution? What Is The
Role Of Supreme Court As Guardian Of The Constitution?
Supreme Court- as the final interpreter of the Indian Constitution:

1. Constitutional values:
 Supreme Court under judicial review can examine the constitutionality of
legislation and executive orders
 If they are found to be violative of the Constitutional values, they can be
declared as unconstitutional and invalid by the Supreme Court.
 In K.Gopalan v/s State of Madras the court upheld that it is the
constitution that is supreme and a statute law to be valid, must in all
cases be in conformity with the constitutional requirements.
2. Protection of fundamental rights:
 Article 13 declares that all laws that are inconsistent with or in derogation
of the Fundamental Rights shall be null and void.
 Article 32 guarantees the right to move the Supreme Court for the
enforcement of the Fundamental Rights
 . For example, in Navtej singh Johar case, Supreme Court has upheld
that section 377 of IPC is unconstitutional.
3. Check on executive action:
 Every state action is to be tested on the ground of rule of law.
4. Check on tyrannical tendencies:
 Supreme Court protects citizens against legislative excesses and executive
arbitrariness.
 It protects our country from tyranny of executive and legislature through
judicial review
5. Reviewing own decisions:
 Article 137 of the constitution of India empower the Supreme Court to
review its own order or judgment
 Supreme Court has done this many times, for example in Kesavananda
Bharati case.
Judicial Appointments
19. Collegium, NJAC and its Issues:

1. The judges of the Supreme Court are appointed by the President THROUGH
ARTICLE 124.
2. The CJI is appointed by the President after consultation with such judges of the
Supreme Court and high courts as he deems necessary.
3. The Supreme Court has given different interpretations of the word
‘consultation’ in the above mentioned provisions.
4. In the First Judges case (1982), the Court held that consultation does not
mean concurrence and it only implies exchange of views.
5. In the Second Judges case (1993), the Court reversed its earlier ruling and
changed the meaning of the word consultation to concurrence.
6. In the Third Judges case (1998), the Court opined that the consultation
process to be adopted by the Chief Justice of India requires ‘consultation of
plurality judges’.
7. He should consult a collegium of four senior most judges of the Supreme Court
and even if two judges give an adverse opinion, he should not send the
recommendation to the government.
Working of the Collegium System:

8. In this system of appointment of Judges, the collegium will recommend the
names of the candidates to the Central Government.
9. Also, the central government will send the names of the proposed candidates for
consultation.
10. The appointment process takes a long time since there isn’t a fixed time limit
for it.
11. If the Collegium resends the same name again then the government has to give
its assent to the names.
Issues with the Collegium System:

12. The Collegium System faced a lot of criticism not only from the government but
also from civil society due to its Lack of Transparency and Accountability.
13. Time taking process.
National Judicial Appointments Commission:

14. This led to the 99th Constitutional Amendment Act, 2014 the National
Judicial Commission Act (NJAC) to replace the collegium system for the
appointment of judges.
15. Composition of NJAC
(a) The Chief Justice of India
(b) 2 senior-most judges of the Supreme Court
(c) The Law Minister of India
(d) 2 eminent members that are chosen by the Selection Committee
Why NJAC was Struck Down?

16. Struck down the NJAC as unconstitutional on the grounds that the
involvement of Political Executive in judicial appointment was against the
“Principles of Basic Structure”. I.e., the “Independence of Judiciary”.
Supreme Court/ Judgements
20. Kesavananda Bharati Judgement and its Significance:

1. He challenged the Kerala land reforms legislation in 1970, which imposed
restrictions on the management of religious property.
2. A 13-judge Bench was set up by the Supreme Court, the biggest so far, to hear
the case.
3. Question underlying the case also included: Was the power of Parliament to
amend the Constitution unlimited?
4. The Supreme Court conceded absolute power to Parliament in amending the
Constitution, as was seen in the verdicts in Shankari Prasad case (1951) and
Sajjan Singh case (1965).
5. In both the cases the court had ruled that the term “law” in Article 13 must be
taken to mean rules or regulations made in exercise of ordinary legislative
power and not amendments to the Constitution made in exercise of constituent
power under Article 368.
6. This means Parliament had the power to amend any part of the Constitution
including Fundamental rights.
7. However, in the Golaknath case (1967), the Supreme Court held that
Parliament could not amend Fundamental Rights.
8. The Court held that an amendment under Article 368 is "law" within the
meaning of Article 13 of the Constitution and therefore, if an amendment "takes
away or abridges" a Fundamental Right conferred by Part III, it is void.
9. To counter Golaknath judgement the Parliament passed 24th Constitutional
(Amendment) Act, 1971- Parliament had also given itself the power to amend
any part of the Constitution.
10. 25th Constitutional (Amendment) Act, 1972- The right to property had been
removed as a fundamental right.
Verdict in the Kesavananda Bharati Case:

11. The landmark judgement was delivered on thin majority of 7:6 .
12. The majority held that any provision of the Indian Constitution can be
amended by the Parliament without changing the Constitution’s basic
structure.
13. The minority, however, in their dissenting opinion, were wary of giving the
Parliament unlimited amending power.
Doctrine of the Basic Structure:

14. The origins of the basic structure doctrine are found in the German
Constitution which, after the Nazi regime, was amended to protect some basic
laws.
15. In India, the basic structure doctrine has formed the bedrock of judicial review
of all laws passed by Parliament.
16. No law can impinge on the basic structure. What the basic structure is,
however, has been a continuing deliberation.
17. Parliamentary democracy, fundamental rights, judicial review, secularism- are
all held by courts as basic structure, the list is not exhaustive.
18. It is the Judiciary that is responsible to decide what constitutes the basic
structure.
Tribunals
21. Tribunalisation of Justice:

1. Tribunalisation of justice means the process of taking up of judicial powers and
functions by quasi-judicial powers and bodies like tribunals.
2. They take away from the jurisdiction of formal judicial institutions like High
courts and Supreme court.
3. Tribunals have been constituted to adjudicate upon technical disputes like tax
disputes etc.. which require specific expertise.
4. The tribunals are formed to provide speedy and effective justice.
Reasons for its Rise:

1. Reduce the workload of already over-burdened courts.
2. Reduce the delay in delivery of justice.
3. Speedy adjudication of issues.
4. Some issues require specialized knowledge and technical expertise.
For Eg.: National Green Tribunal on environment and its protection, Tax
tribunals require tax specifics, etc….
22. Limitations of Tribunals:

1. Tribunals operate under the thumb of parent administrative ministries
against whom many of them are meant to pass orders.
2. The secretary of the said Ministry sits on the panel for selecting and
reappointing the adjudicating members and also has a role to play in
disciplinary committees.
3. For instance, the defence secretary is a part of the committee for selection
and reappointment of members of the Armed Forces Tribunal, and the
said secretary is that very officer against whom all tribunal orders are to
be passed.
4. Under the garb of providing cheaper and informal adjudication, appeals
have been provided, on very limited grounds.

5. Conflict of interest arises and there is no neutrality when the ministry
appoints members.
6. A majority of non-judicial members are not legally qualified and hence
are not even eligible to appear before such tribunals while they are allowed
to exercise judicial functions while sitting on the bench.
7. Some tribunals are not even vested with powers of civil contempt thereby
leaving them toothless qua enforcement.
23. Legal Position of Tribunals In India:

1. Tribunals were not part of the original constitution, it was incorporated in the
Indian Constitution by 42nd Amendment Act, 1976.
2. Article 323-A deals with Administrative Tribunals.
3. Article 323-B deals with tribunals for other matters.
4. Articles 323 A and 323 B differ in the following three aspects:
(a) While Article 323 A contemplates the establishment of tribunals for public
service matters only, Article 323 B contemplates the establishment of
tribunals for certain other matters.
(b) While tribunals under Article 323 A can be established only by
Parliament, tribunals under Article 323 B can be established both by
Parliament and state legislatures with respect to matters falling within
their legislative competence.
(c) Under Article 323 A, only one tribunal for the Centre and one for each
state or two or more states may be established. There is no question of
the hierarchy of tribunals, whereas under Article 323 B a hierarchy of
tribunals may be created.
5. Article 262: The Indian Constitution provides a role for the Central government
in adjudicating conflicts surrounding inter-state rivers that arise among the
state/regional governments.
24. Difference between Courts and Tribunals:

No. Court of Law Tribunal
A court of law is a part of the
An Administrative Tribunal is an
traditional judicial system
1. agency created by the statute and
whereby judicial powers are
invested with judicial power.
derived from the state.
The Civil Courts have judicial Tribunal is also known as the Quasi-
power to try all suits of a civil judicial body. Tribunals have the power
2.
nature unless the cognizance is to try cases of special matter which
expressly or impliedly barred. are conferred on them by statutes
Judges of the ordinary courts of

Tenure, terms and conditions of the
law are independent of the
services of the members of
executive in respect of their
3. Administrative Tribunal are entirely
tenure, terms and conditions of
in the hands of Executive
service etc. Judiciary is
(government).
independent of Executive
The president or a member of the
The presiding officer of the court Tribunal may not be trained as well in
4.
of law is trained in law. law. He may be an expert in the field
of Administrative matters.
A judge of a court of law must be An Administrative Tribunal may be a
5. impartial who is not interested in party to the dispute to be decided by
the matter directly or indirectly. it.
EXECUTIVE
1. Constitutional issues in the Election of President of India

1. Under the Constitution of India (Article 52 of the Constitution), there shall
always be a President of India.
2. He/she is elected in accordance with the provisions of the Constitution and the
Presidential and vice-Presidential Elections Act, 1952.
3. As per Article 55(3) of the Constitution of India, the election shall be held with
the system of proportional representation by means of single transferable vote
and through a secret ballot.
4. Art 71 states that all disputes related to election of president or Vice President
is adjudicated by the Supreme Court and its decision is final.
5. Art 71(3) gives parliament the power to regulate by law any matter relating to or
connected with the election of the president or Vice President
6. A person shall not be eligible for election as President if he holds any office of
profit. Under art 59(2)
7. The president is elected in an extensive manner by the MPs of Lok Sabha,
Rajya Sabha and state legislative assemblies through a secret ballot.
Judicial Powers - President – Executive Clemency
2. Death Sentence And Presidential Clemency
Supreme Court on presidential clemency

1. In Maru Ram vs Union of India in 1980, and Dhananjoy Chatterjee vs State of
West Bengal in 1994, SC noted that the President has to act on the advice of
the Council of Ministers while deciding mercy pleas.
Procedure:
2. Rashtrapati Bhawan forwards the mercy plea to the Home Ministry, seeking
the Cabinet’s advice.
3. The Ministry in turn forwards this to the concerned state government; based on
the reply, it formulates its advice on behalf of the Council of Ministers.
Reconsideration:
4. Although the President is bound by the Cabinet’s advice, Article74 (1)
empowers him to return it for reconsideration once. If the Council of Ministers
decides against any change, the President has no option but to accept it.
5. President has judicial powers under art 72 of the constitution. He / she can
use 5 pardoning powers.
6. Pardon - This will lead to the convict absolved of sentence and conviction and
disqualifications completely.
7. Respite - According to this provision the president chooses a lesser sentence

than what was awarded originally.
8. Reprieve - This will stay the execution of the sentence for a temporary period.
This enables time to seek pardon or commutation. Remit - when this is used,
the period of sentence is reduced while the character of the sentence remains
the same.
9. Commute - When the president chooses to commute, he substitutes the
original sentence with a lighter form of punishment.
3. Reasons for Delay In Executive Clemency

1. Article 72 and 161 gave president and the governor powers of clemency in a
two tier process
2. In Kehar Singh vs Union of India case, it was held that the manner of
consideration of the petition lies within the discretion of the President.
3. The Supreme Court stressed the need to make rules for the guidance in
exercise of pardoning power.
4. Delays in clemency that is an average, four to five years are taken for disposal
of a mercy petition.
5. 1988 a constitutional bench of the Supreme Court ruled that an unduly long
delay in execution of the sentence of death would entitle an approach to the
Court.
6. Justice Delayed is Justice denied’, suits to the clemency power in India, As
President secretariat had taken more than 10 years in replying the petition.
Instances of Arbitrariness
7. In Dharam Pal case, the mercy petition was put before the president in 1999
and got rejected in 2013.
8. The cases which were in limelight had been decided briskly like Kasab filed for
clemency in 2012 and got rejected in 2012 itself.
4. Conditions in which President is not bound by the Aid and Advice of Council of
Minister
1. According to article 74 the president can seek reconsideration of an issue from
the council of ministers on a matter.
2. As observed by Dr BR Ambedkar, the president occupies the same position
nags king under the English constitution, he is the head of the state but not
the executive and is a ceremonial device.

3. Ram Jaway v. State of Punjab case, it is noted that the satisfaction of the
president isnot personal satisfaction but, satisfaction of COM.
4. Yet, on certain situation the president is not bound by the advice of the COM
5. The president can ask for information from the PM regarding functioning of the
government according to art 78.
6. President uses his discretionary power to choose PM. She should generally
appoint the head of the party that wins majority of seats as PM if no party
obtained majority then, she used the discretionary power (Shamsher Singh
case)
7. As mentioned in art 74 and 75, council of ministers is answerable to the
loksabha when the council loses support of the loksabha then president is not
compelled to work according to the aid and advice of the council of ministers.
5. Ordinance Making Power to Executive and Safeguards Against the Same.

1. Ordinance making power is an extra ordinary tool, where the executive is given
the lawmaking power.
2. Article 123 grants such a power to the president during the recess of the
recess of the parliament. And art 213 grants the same to the governor.
3. An ordinance can be promulgated only when both Houses or either of the two
Housesof Parliament is not in session.
4. Ordinances may be required when immediate action is required, the president
promulgates ordinance only when he is satisfied that urgent action is needed.
Supreme Court Findings:

1. in R.C Cooper vs union of india case (1970) noted that immediate action could
be challenged
2. 44th amendment added that judicial review of the president’s decision to
promulgatean ordinance.
3. In D.C Wadhwa vs state of Bihar case (1987) Supreme Court noted that
legislative power of executive is to be used in exceptional circumstances. And
not as a substitutefor law making. (256 ordinances between 1967-1981).
4. Supreme court in Krishna Kumar vs state of Bihar case (2017) noted that
frequent repromulgation of ordinances is a fraud one the constitution and a
subversion of democratic legislative processes.
5. Safeguards in the constitution include the ordinance will lapse at the end of six
weeksfrom the time parliament or state legislature meets next time.
6. An Ordinance can be nullifies on the grounds of contravention of constitutional
limitations (test of vagueness, arbitrariness).
4. Governor Appears to be Powerful than President - Comment
1. While the president is the de-jure head of the union executive, governor is the
de jurehead of the state executive.
Supreme Court findings on governor power

2. In Hoechst Pharmaceuticals v. State of Bihar case it is noted that governor’s
power toreserve a bill for president’s assent is not judicially reviewable.
3. While the constitution envisages that the governor acting at times in his
discretion. Nosuch provision has been made wrt the president.
4. 42nd amendment made ministerial advice binding on the president, but no such
provision has been made wrt the governor
5. Art 111 deals with presidential assent to parliamentary bills. While under art
200 governor can even reserve the bill for the consideration of the president.
6. Governor has discretion wrt a) recommendation for the imposition of
president’s rule in the state. b) while exercising functions as administrator of
an adjoining UT
5. Size of Cabinet and Impact on Efficacy of Governance

1. Art 72 of the constitution put a ceiling on the size of cabinet as 15% of the
strength of the loksabha including the prime minister.
2. Usually when there are coalition governments, the size of cabinet is relatively
large sothat all parties are represented.
Instances of Cabinet Extension

3. 2009 UPA-2 has the biggest cabinet with 32 members.
4. In the first cabinet, the emphasis was on giving representation to various
experts likeDr BR Ambedkar, Rajkumari Amrit Kaur, Shyama Prasad
Mukherjee etc…
Reasons for Cabinet Extension

4. Cabinet extension can be done to give place to technocrats for specialised
services and to bring in expertise in to the cabinet, 1991 Manmohan Singh
given finance ministry
5. Cabinet must reflect the diversity of the country and should represent not only
political representation but also sociological representation.
6. Cabinet must be a place where ideas are amalgamated to bring about
constitutional goals and social welfare objectives.
6. Discretionary Powers of the Governor

1. Governor of the state enjoy constitutional discretion and situational discretion.
2. Article 163 (1) leaves the scope of a governor’s discretion to objects which are
expressly mentioned in the constitution.
3. When they ought to reserve the bill for the consideration of the President of
India (Art 200)
4. When governor has to recommend president’s rule in the state, he can act at
his discretion under (Art 356)
5. When the governor is given an additional charge as the administrator of a UT.
6. When the governor has to determine the amount payable by government of 6th
schedule states (Assam, Meghalaya, Tripura and Mizoram) to an autonomous
district council as royalty for exploration of minerals
7. When the governor calls upon the CM to seek information regarding
administrative and legislative affairs.
Situational discretion for the governor

8. When the governor has to appoint the chief minister after no party has a clear
majority
9. When the incumbent COM fails to prove majority on the floor of the assembly.
10. When the incumbent dies in office.
11. When dealing with administration of tribal areas in Assam
12. Regarding hill areas in Manipur.
7. Is Governor an agent of the Centre?

1 Article 163 of Indian Constitution states that the Governor should exercise his
functions based on the state’s Council of Ministers’ aid and advice, except it is
required to exercise his functions at his discretion.
2. There are certain issues where the role of governor has been questioned like
his/her non partisan attitude while calling the leader of majority party to form
the government.
3. According to art 201, governor reserves a state bill for the consideration of the
president who is a part of union executive but through power of reservation
centre exercises this power by vetoing or delaying any legislation through
President refusal to assent to state’s legislation.
4. Misuse of Article 356: Under Article 356, as a discretionary power, Governor
need to submit report to advise the President to proclaim emergency if there is
constitutional breakdown. This power has been abused by political parties in
power at centre to dismiss governments in state governed by parties in
opposition.
5. Recently, the Governor of Rajasthan has been charged with the violation of the
model code of conduct.
6. Partisan role in Hung assemblies: In case of hung assemblies, there is

discretion for Governors as to which party or coalition of parties are in best
position to form the government. This discretion is abused by Governors in
partisan manner at the instruction of centre.

7. Supreme Court Judgement in B.P. Singhal v. Union of India called for a fixed
tenure for Governors to encourage neutrality and fairness in the discharge of
their duties.
Way Forward:
1. The post of the Governor should be reserved for non-political appointees, and
the Supreme Court should lay down the law on how the Governor ought to act
when an election yields a fractured verdict.
2. The Sarkaria Commission recommended that Article 356 should be used in very
rare cases when it becomes unavoidable to restore the breakdown of
constitutional machinery in the State.
3. The “Punchhi commission” recommended that these Articles 355 & 356 be
amended. It sought to protect the interests of the States by trying to curb their
misuse by the Centre.
4. A national panel should be prepared after involving the opposition, ruling party,
civil society and the judiciary in the selection process. The governor should be
appointed from this panel after consultation with the CM of the state in which
he or she is to function.
LEGISLATURE
1. Aberrations in Parliamentary System of Government in India.
Parliamentary Sittings
1. There has been a consistent decline in number of parliamentary sittings in
India. 16th Loksabha lost 600 hrs due to frequent disruptions and worked for
only 1650 hours which is 40% less than average.
2. Significantly lower number of bills referred to parliamentary committees for
scrutiny as only 25% of the bills were sent to committees.
3. 83% of budget in 16th Loksabha passed without discussion and in budget
session 2018-19, 100% of budget passed without discussion.
4. Over the years the number of starred questions receiving oral answer has been
decreasing
5. Absenteeism of MPs in parliament, only 70-75% attendance was observed. 95
MPs have not attended even a single parliamentary meeting of parliamentary
standing committees.
Perversion of Parliamentary Proceedings.

6. Promulgation of Ordinances - Successive governments have resorted to
promulgation of ordinances, 25 ordinances have been promulgated from 2009-
2014, and this jumped to 3.5 of 10 bills during 16th Loksabha
7. Criminalisation of parliament - according to ADR report 43% of newly elected
MPs in 17th Loksabha have criminal charges against them, an increase of
nearly 26% from 16th LS
2. Shall India Shift To Presidential System?
Issues with the Present System.

1. Produced governments dependent on a knife edge equilibrium legislative
majority which is highly unstable.
2. This leads to vote bank politics and affects efficiency.
3. Party loyalty doesn’t exist in India like in the UK where it’s highly unusual to
shift political parties. (Aaya Ram Gaya Ram tradition in India).
4. The voters choose not between parties but between individuals, that too based
on caste, religious lines, the main intention of voters is make them members of
executive and not mere members of legislature.
5. Parliamentary system in India based on model devised in the UK based on
traditions that doesn’t exist in India.
3. Is Presidential System a Solution to India’s Governance Issues.

1. President will be able to appoint a cabinet where positions will be allocated
based on specialisation and not on party consensus and political compulsions.
2. The inherent instability that’s present in parliamentary executive is not present
in presidential system. Not vulnerable to coalition politics.
3. The communication loop between Indian citizens and president of India will be
direct, the feedback mechanism and policy changes will be coherent.
Issues with Presidential System

4. Presidential system has inherent issues with its suitability to Indian conditions.
5. It is a risky proposition especially in prismatic nations like India. This may lead
to emergence of demagogic leaders and may degenerate into dictatorship.
6. Parliamentary system is driven on the ground of regular public scrutiny, public
opinion and feedback which is not the essential feature of presidential system.
4. Discuss the Concept of Parliamentary Sovereignty

1. The concept of parliamentary sovereignty is defined by A.V DICEY as parliament
has right to make and unmake any law, is superior to all other institutions (
judicial and executive), no institution within the territory has the right to
override the legislation of parliament
2. It is the supreme law making authority, not bound by a predecessor or its
dictums themselves are not binding on the successor bodies
3. The parliament can make constitutional laws by the same procedure as
ordinary laws.
4. Parliamentary laws cannot be declared unconstitutional by judiciary as being
unconstitutional. In other words, there is no system of judicial review in
countries with parliamentary sovereignty.
5. Tools of Parliament to Control Over Executive

1. There are several ways in which parliament exercises its control over the
executive
2. Art 75 stipulates that the council of ministers are collectively responsible to the
Loksabha
3. Through instruments like short duration discussions during question hours,
calling attention motion, adjournment motion, no-confidence motion, censure
motion etc..
4. Guides the actions of executive through several standing committees and ad
hoc committees
5. Financial committees like a) Public accounts committee b) Estimates committee
c) Committee on public undertakings
6. Departmental standing committees like a) Committees to inquire on petitions,
privileges and ethics committee. b) Committees to scrutinise and control etc…
7. By scrutinising and discussing Annual financial statements (Art 112),
appropriation bill (Art 114) etc.. i.e No tax can be levied or collected and no
expenditure can be incurred by the executive except under the authority and
with the approval of parliament.
6. Effectiveness of Parliamentary Control over the Executive

1. Parliament is the highest deliberative body which discusses matters if national
and international significance yet the executive control by parliament is as
effective as it ought to be
2. The parliament has neither the time nor expertise to control the administration
which has grown in volume as well as complexity
3. Parliament has been too large in its size to be effective.
4. Legislative leadership usually lies with the executive and the parliament is
divided along party lines so is its ability to control. So the major party has the
last word ( As it is famously said opposition has its say while the ruling party
has its way)
5. Parliamentarians even though possess the agency to scrutinise the technical
issues like financial matters, do not possess the ability and intellect to do so.
7. Reasons for Weakening of Legislative Control

1. Parliamentary control is mostly based on party politics and presence of party
whip, anti defection laws (10th schedule) which curb independent scrutiny of
laws by individual parliamentarians.
2. Financial committees like Public accounts committee examines the public
expenditure after it has been incurred by the executive, So their work
essentially is post mortem in nature.
3. The party with highest majority comes to power, so essentially parliament will
have limited presence of space to scrutinise their policies and laws.
4. Increasing use of guillotine, reduced the ability of parliament to scrutinise bills
effectively as bills are passed bypassing debates. 83% budget in 2016 Loksabha
passed without any discussion is a case in point.
5. Absenteeism of MPs also is a reason for limited ability of legislature to control
the executive.
8. Mechanism of Parliamentary Control Over Public Expenditure

1. No tax can be levied or collected and no expenditure can be incurred by the
executive except under the authority and approval of the parliament.
2. Under art 112 annual financial statement is presented in the parliament,
control before the appropriation of grants through the enactment of budget is
ensured by parliament.
3. Three financial committees are used to ensure financial prudence
(a) Public Accounts Committee
(b) Estimates committee c) committee on public undertakings.
4. The rule of lapse is operated to ensure annuality of grants.
5. Consolidated fund of India (art 266), no money out of this fund can be
appropriated except in accordance with a parliamentary law.
6. Demand for grants is passed (loksabha) and various motions like policy cut
motion, economy cut motion while discussing budget and deciding on demand
for grants.
9. Differences between breach of Privileges and Contempt of the House.

1. Art 105 for parliament and art 194 for state legislative assembly mentions
parliamentary privileges.
2. Rule no 222 in chapter 20 of the Loksabha rule book and rule 187 in chapter
16 of the Rajya Sabha rulebook governs parliamentary privileges.
3. Breach of privileges and contempt of house are used interchangeably but they
have different implications.
4. Contempt of the house is the offence of obstructing the legislature in carrying
out of its functions, or of hindering any legislator in performance of his/her
duties.
5. It is a contempt to bribe or solicit any member, refuse to appear before the
committee to testify, refuse to answer or lie to a committee may attract
proceedings under contempt of the house.
6. Normally a breach of privilege may amount to contempt of the house and
contempt of house may include breach of privileges also.
7. Disobedience to a legitimate order of the house is not a breach of privilege, but
can be punished as contempt of the house.
8. Supreme Court ruled that disruption of budget speech, destruction of public
property amounts to contempt of house.
9. When the parliamentary privileges are disregarded by any individual or attacks
any of the privileges, rights and immunities, either of the member individually
or the house collectively, the offence is termed as breach of privilege.
10. Parliamentary Privileges Need to Be Codified

1. Parliamentary powers in India are too wide which is antithetical to
constitutional principle of limited Powers.
2. Legislators have the power to be the sole judges to decide what their privileges
are, what constitutes their breach and what punishment is to be awarded in
case of a breach.
3. But legislators fear, it would make privileges subject to fundamental rights and
hence judicial scrutiny.
Supreme Court on parliamentary privileges

4. Supreme Court in M.S.M Sharma case (1958 ) gave primacy to the privileges
over free speech but in 1967, SC opined that parliament should not have
absolute powers.
5. Justice M.N Venkatachaliah had recommended that privileges should be
defined and delimited for a free and independent functioning of the legislatures.
Countries where parliamentary privileges are codified

1. Art 9 as part bill of rights in Australia and parliamentary privileges act 1987
enacted to codify parliamentary privileges.
11. How to Codify Parliamentary Privileges
Parliamentary committees and their importance for parliamentary working
1. Parliamentary committee means a committee that is appointed or nominated by

the head of the house and works under him/her.
2. Presents its report to the house or to the speaker/ chairman.
3. Has a secretariat provided by the Loksabha/ Rajya Sabha.
4. Financial committees include a) public accounts committee b) Estimates
committee c) committee on public undertakings.
5. Departmental standing committees, committees to inquire and committees to
scrutinise and control the executive.
6. Ad hoc committees like Railways convention committees, committee on fertiliser
pricing etc..
7. Advisory committees include select or joint committees to study and report on
particular bills.
12. Estimates Committee, It’s Importance and Critical Analysis

1. The estimates committee has members only from Loksabha (30 members) and
no representation from the Rajya Sabha.
2. Functions of the committee is to examine the estimates included in the budget
and suggest economies in public expenditure, hence called as the continuous
economy committee.
3. To report what economies, improvements can be done to reform estimates .
4. Bring about changes and suggest alternative policies in financial
administration.
5. To study how finances are allocated are in accordance with economic propriety.
6. However it’s role is limited as it examines only after they have been voted by the
parliament and not before that.
7. It cannot question the policy initiated by the parliament and its
recommendations are not binding on the ministries.
8. It would scrutinise only certain selected ministries and departments.
9. It lacks the expert assistance of CAG like public accounts committee.
13. Public Accounts Committee and Its Accountability

1. It consists of 22 members, 15 from LS and 7 from RS, elected by the MPs from
among their members with one year term.
2. The function of the committee is to examine the annual audit reports of CAG
which are laid before the parliament by the president.
3. To examine the appropriation accounts and the finance accounts of the union
government, compare the actual expenditure with the expenditure sanctioned
by the parliament through appropriation act.
4. In scrutinising the appropriation account, the committee checks that a) the
money has been disbursed was legally available for the applied purpose b)
whether the expenditure conforms to the authority that governs it. C) to
examine the accounts of all bodies audited by CAG.
5. To check if more money is spent on any service in excess of the amount granted
by the loksabha for that purpose.
6. However its effectiveness is limited as it conducts a post mortem examination of
accounts.
7. It cannot intervene in day to day administration, its advices are not binding in
nature i.e., it cannot disallow the expenditures by the departments
14. Role of MPS as National Law Maker

1. Initiating bills, engage in discussions and passing the bill to make laws.
2. Raising issues of national importance as substantive motions.
3. Participating in parliamentary committees and engage in detailed scrutiny of
legislations.
4. Passing adjournment motion, no confidence motion to censure the executive.
5. Make sure that rules are adhered to through point of order.
15. Reasons for Diminished Role of MP in the Parliament

1. The MPs neither have time nor expertise to engage in detailed policy making.
2. The growth of delegated legislation has reduced the role of MPs in making
detailed laws and has increased the role of bureaucracy.
3. Financial committees have powers only to do a post-mortem scrutiny of the
public expenditure so, MPs have little power to control the public exchequer.
4. 83% of budget in 16th Loksabha passed without discussion and in budget
session 2018-19, 100% of budget passed without discussion. So MPs role in
passing the budget is diminishing.
16. Is Anti Defection Law Responsible for Diminished Role of MPS

1. Anti defection leads to control of MPs by party whip and it curbs independent
opinion of MPs they lose their agency on policy analysis and are bound by party
dictum
2. There can be no neutrality in voting related to bills the votes get polarised
based on parties. They cannot abstain from voting in disagreement.
3. MPs can rarely come up with opposition to their own party policies and are at
the risk of losing party membership if done so.
17. Grounds for Disqualification of MPS

1. Holding office of profit under the GOI or any other state, other than the office
exempt by a law of parliament
2. He is of unsound mind and stand so declared by a competent court.
3. He is an undischarged insolvent.
4. He is not a citizen of India or has voluntarily acquired the citizenship of a
foreign state.
5. If disqualification is under 10th schedule of the constitution due to defection
6. Representation of people act (1951) has laid down some more conditions
7. He must not have been convicted by a court of any offence and sentenced to
imprisonment for more than 2 years
8. He is found guilty by a court or election tribunal of corrupt practices in the
elections
9. If he fails to lodge election expenses within time and in a manner prescribed by
law
Anti-Defection Law
18. Reasons for the Rise of POL. Defections in India:

1. Operation of Money power in politics.
2. Lack of adherence to political ideology
3. Party membership merely based on political compulsions.
4. Parliamentary system has produced governments which are based on knife-
edge equilibrium, thereby leading to political defections.
5. 52nd CAA added Anti defection provisions through schedule 10 in Indian
constitution to curb defection
6. Legislator may be disqualified by the presiding officer based on a petition by
any other member of the house
7. Criteria: a legislator is deemed to have defected if he either voluntarily gives up
the membership of his party or disobeys the directives of the party leadership
on a vote.
8. Implications: This implies that a legislator defying (abstaining or voting against)
the party whip on any issue can lose his membership of the house.
9. Application: This law applies to both State assemblies and Parliament.
19. Recent Examples of Anti-Defection Law:

1. There have been recent instances of defections in the West Bengal from the
State's ruling TMC to BJP
2. 22 MLAs resigned from the Vidhan Sabha, causing the fall of the government in
Madhya Pradesh.
3. In 2019, the government collapsed as at least 17 MLAs of the ruling party
tendered their resignation and joined the opposition in Karnataka
4. In 2019, 10 of 15 Congress MLAs in Goa joined the ruling BJP,
5. 12 of 16 Congress MLAs in Telangana had 'merged' with TRS.
20. Objectives of Anti-Defection Law:

1. Provides stability to the government by preventing shifts of party allegiance.
2. Ensures that candidates remain loyal to the party as well the citizens voting for
him.
3. Avoid horse trading of member, along with the use of money and muscle power.
4. Facilitates merger of political parties without attracting the provisions of Anti
defection.
5. Punitive measures against a member who defects from one party to another will
deter him to perform such malpractice.
Social objective
1. It provide to voters that whom they vote will represent them with full dignity
and support.
2. Opportunity politics has a greater effect on minorities as shifting from one
party to another will change ideology and priorities
1. Changing parties often involves resignation from the party in power this
hampers flow of administration
2. It will ensure that all the member will abide by the policies and program
of the party.
3. Party discipline is promoted, which in turn affect the attitude of party
members.
21. Discuss the Ways in which Anti Defection Law is Circumscribed

1. The law allows for the merger with another party without inviting the penalty of
for defection. As per the 1985 act a defection by one third of the elected
members of a political party was considered a merger (2/3rd after 91st CAA
2003)
2. It does not penalise political parties for encouraging or accepting defecting
legislators.
3. There is no time frame prescribed in the act
4. The question of disqualification on the grounds of defection are referred to the
speaker/ chairman and his/her decision is final. (But open to judicial
review).in many instances, the speaker delays the decision on disqualification.
5. There is no recognition of split of legislative party.
Arguments against anti-defection

1. It is often claimed that the decision to defect is driven by the urge to defend
one's political autonomy and stand by the principles of democracy and justice.
2. The law prevent dissent against party policies. Thus, it interferes with the
member's freedom of speech and expression.
3. It destroys the spirit of liberty and lead to the practice of puppetry within the
party system especially with the presence of whip in a parliamentary
democracy.
4. Defection is matter of choice, member should have right to decide whom they
support
The defection cases are decided by the presiding officer of the House concerned;
The impartiality of presiding officer is not always guaranteed.
5. It prevent members to speak up their mind, thus leading to less discussions
and lesser healthy debates and solutions in parliament
6. Due to lack of accountability and limit on speech and expression MPs/MLA
Rajya Sabha
22. Significance Of Rajya Sabha As A Second House And Its Exclusive Authority
1. Rajya Sabha plays role in protecting the interests of the states and cushions
the usurpation of states’ legislative space to maintain federal equilibrium.
2. Rajya Sabha acts as a safety valve within the legislature itself, by blocking
controversial Bills.
3. It acts as a revisionary house, i.e When the ruling dispensation has a high
majority in the Lok Sabha, Rajya Sabha can prevent the government from
having a free hand Provides
Representation: To States, as another unit of the federation so, it is called as
house of states 4.To experts like scientist, artist, sportsmen etc that can rarely
face the electoral politics.
5. To the small and regional parties to present their points of view.
6. Rajya Sabha helps in debating major issues of public importance Rajya Sabha
helps initiate proposals for public policy E.g. Insolvency and Bankruptcy Code
(Second Amendment) Bill, 2020
7. Rajya Sabha is permanent and continuous house, Hence, in providing
continuity to legislature during times of elections and if there are any changes
in the government.
8. Special Powers of Rajya Sabha Power to transfer a subject from the State List to
Union List for a specified period (Article 249)
9. To create additional All-India Services (Article 312)
To endorse Emergency under Article 352 for a limited period when the Lok
Sabha remains dissolved.
23. Rajya Sabha’s Role in Changing Political Scenario

1. In 2006 in Kuldip Nayar v. Union of India and Others, the SC held that Rajya
Sabha has turned out to be another chamber of the Parliament akin to the Lok
Sabha, except for the mode selection of its members works and causes policy
paralysis. That is to show that there is a duplicity in the role of RS and LS.
2. Comparing Loksabha and Rajya Sabha
Supremacy of Lok Sabha

1. A money bill can be introduced only in the Loksabha and not the RS
2. RS cannot amend or reject a money bill. It should return the bill to the
Loksabha within 14 days with or without recommendations
3. A finance bill wrt art 110 can be introduced in the LS only but with respect to
passage of the bill both have equal powers
4. Speaker of LS presides over joint sitting of both the houses
5. Annual Financial statement and provisions related to Budget, where Rajya
Sabha can only discuss it, but cannot vote on demand for grants
6. RS cannot remove council of ministers by passing a no confidence motion.
COM collectively responsible only to LS.
7. A resolution for discontinuing a national emergency can be passed only by the
LS and not the RS.
Exclusive Authority of Rajya Sabha
1. It can authorise the parliament to make a law on a subject enumerated in the
state list (art 249).
2. It can authorise the parliament to create a new all India services common to
both the centre and states (art 312).
Bills
24. What is a Money Bill.
1. Money bill is defined in art 110 of the constitution and are concerned with
financial matters like taxation and public expenditure etc..
2. It’s provisions include the imposition abolition, remission, alteration or
regulation of any tax.
3. Regulating the amount of money borrowed by the government.
4. The custody of consolidated fund of India (art 266) and payment of money into
or the withdrawal of money from any such funds.
25. What are the Differences Between Ordinary Bill and a Money Bill.
1. Ordinary bills can be introduced either in LS or RS, while money bill can be
introduced only in LS
2. Ordinary bill can be introduced without the prior recommendation of the
president while the money bill can be introduced on the president’s
recommendation
3. Ordinary bill can be introduced either by a minister of a private member but
only a minister is allowed to introduce money bill in the parliament
4. Money bill needs LS speaker certification when transmitted to RS while there is
no such requirement with ordinary bills
5. While RS has the power to amend and reject an ordinary bill or can detain the
bill for 6 months ,while, no such power exists with RS with respect to money
bills, it can detain the bill for a maximum of 14 days
6. President can send the ordinary bill for reconsideration but cannot return a
money bill for reconsideration, He/she can only accept for reject it.
7. There is a provision for joint sitting can be convened in case of a deadlock wrt
ordinary bill but that provision is not possible wrt money bill
26. Joint Sittings - Various Bills

1. The joint session is called by the president, and the speaker of LS presides over
it.
2. Art 108 of the Indian constitution provides for a joint sitting.
3. A joint sitting is convened when a bill is passed by one house and transferred
to another house and the other house rejects the bill
4. When both houses disagrees on the amendments made to the bill
5. If more than 6 months elapsed with the bill being received by the other house
without passing it.
6. Ordinary bill has to be passed by both the houses while for money bill, it is
deemed to be passed so provision of joint sitting is not applicable to money bill
27. Issues and Challenges with Hung Parliament.

1. When no party or pre poll alliance is able to secure a majority in the election,
this leads to a hung parliament.
2. Hung parliament has changed the dynamic between the legislature and
executive ( especially governor ). If it is not possible to secure a majority
president may invite the leader of the single largest party/alliance in the house
to try to secure the confidence.
3. In an alternative, the president may invite a combination of parties who,in his
opinion might be in a position to command a majority in the house.
4. The presence of large number of political parties in India has resulted in highly
unstable governments the issue also lies in the fact that president or governor
has little choice but to goof for formation of minority government or
5. Defections along with that horse trading aggravate the issues with hung
parliament
6. This would lead to coalition politics sometimes based on narrow political
considerations.
7. Allahabad high court in December 1996 in Kalyan Singh vs jagadambika pal
case gave the governor guidelines for electing the floor leader during hung
assembly.
28. Is Changing To Presidential Form Of Government Can Solve This.

1. Decisive leadership can be ensured, would reduce the delays in policy making.
2. Checking /balancing power.
3. Necessarily cumbersome legislative process in parliamentary system.
4. Easy to pinpoint responsibility in the presidential system which would ensure
accountability.
5. Constitutional experts like N.A Palkhivala favoured replacement of
parliamentary government by presidential system for its benefits.
Legislative Councils
29. To What Extent Legislative Councils are Justified

1. We need legislative councils to formulate better and detailed, discussed
legislation.
2. Upper house consisting of graduates, teachers, outstanding persons in the
fields of art, literature, science, and social service who may shy from elections .
So it would act to accommodate
3. To bring into the legislation, expertise and detailed scrutiny of lower house’s
policies. This would check against hasty legislations
4. Having a lower house would allow for a more debate and sharing of work
between the houses.
5. But there are certain criticisms of legislative councils that they are superfluous
and mischievous For its obstructive nature which would lead to delay in law
making.
6. It is ineffective in bringing any check on lower house bills, whether a bill is
approved by the council or not assembly can still go ahead after 4 months
7. Backdoor entrance for defeated members for people who may not be returned to
the assemblies
8. It’s too expensive and a big drain on state’s exchequer.
Opposition
30. Role of Opposition in Democracy

1. Safeguarding the rights and liberties of the people, strong opposition is required
to check the arbitrariness of the ruling party.
2. It would bring accountability to the party in power and ensure that
transparency is maintained in policy making.
3. Preparation to form the government.
4. Opposition can bargain in the legislative chamber for public welfare, become a
voice for popular feedback on government policies
FEDERALISM
1. What Is Federalism?
1. Federalism is a mode of political organisation that unites separate states within
an overarching political system in a way that allows each to maintain its own
integrity.
2. Federal systems emphasise the primacy of bargaining and negotiations among
several power centres.
3. Federalism provides ways by which different groups share power over common
interests, but it also provides for these groups to have a level of autonomy wrt
central institutions.
4. Federations are protected by a constitution regarding ways in which power is
shared in central and state institutions.
5. Only 30 of the world’s 195 countries are federations.
6. There is a central level of government which governs the entire country in
relation to issues of importance in matters like defence, the armed forces,
foreign policy, trade, citizenship, macro- economic policy, and national
infrastructure.
7. In India, for example, both the Indian Parliament and the State Legislatures
can pass laws on criminal justice and social and economic planning. But, if
there is incompatibility between them, the central legislation prevails.
2. Features Of True Federalism

1. There are two or more levels (or tiers) of government.
2. Different tiers of government govern the same citizens, but each tier has its own
jurisdiction in specific matters of legislation, taxation and administration.
3. The jurisdictions of the respective levels or tiers of government are specified in
the constitution. So the existence and authority of each tier of government is
constitutionally guaranteed.
4. The fundamental provisions of the constitution cannot be unilaterally changed
by one level of government. Such changes require the consent of both the levels
of government.
5. The Courts have the power to interpret the constitution and the powers of
different levels of government. The highest court acts as an arbitration unit if
disputes arise between different levels of government in the exercise of their
respective powers.
6. Sources of revenue for each level of government are clearly specified to ensure
its financial autonomy.
7. The federal system thus has dual objectives: to safeguard and promote unity of
the country, while at the same time accommodate regional diversity.
Nature of Indian Federalism
3. Quasi Federalism- Why? What Are Its Features

1. Article 1 describes India as a ‘Union of States’, and not ‘Federation of States’
So, Indian model of federalism is called the quasi-federal system as it contains
major features of both a federation and union.
2. Supremacy of the Constitution as it is the fundamental law of land in India but
India has a single constitution which is applicable to both the union as a whole
and the states.
3. The Constitution of India also provides for a bicameral legislature i.e.
Parliament with two houses of the Lok Sabha and the Rajya Sabha. But in
Rajya Sabha, the States do not have equal representation. The populous States
have more representatives in the Rajya Sabha than the less populous States.
4. The Constitution of India has divided powers between the Central government
and the state governments through the 7th schedule. It contains three
legislative lists which enumerate subjects of administration, viz. Union, State
and Concurrent list. But, the Central government has been given more powers
and made stronger than the State governments.
5. The Indian Constitution is largely a rigid Constitution. All the provisions of the
Constitution concerning Union-State relations can be amended only by the
joint actions of the State Legislatures and the Union Parliament. But there are
certain provisions in which the Parliament does not need the approval of the
State legislatures to amend the Constitution.
6. Independent Judiciary butIndia has a unified or integrated judicial system. The
High Courts which work in the States are under the Supreme Court of India.
7. The Constitution stipulates three sorts of emergencies—national, state and
financial. During an emergency, the federal structure is converted to a unitary
structure making the Central Government supreme.
8. The all-India services (IAS, IPS, and IFS) exams. These are common to both the
Centre and therefore the states.
9. The Comptroller and Auditor-General of India audit the accounts of not only the
Central government but also those of the states even though he was appointed
by the president.
10. Asymmetric constitutional provisions are a common feature of federalism in
diverse societies like India.
4. Recent Examples of Demonstration of Centralising Tendencies of Indian

Federalism
1. The state of Jammu and Kashmir was converted into two union territories J&K
and Ladakh the concurrence of state legislature is not required under art 3.
2. laws which were aimed to allow farmers to sell their produce outside the APMC
and promote interstate trade encroach upon the state list.
3. The amendment in banking regulations by bringing cooperative banks under

the RBI supervision.
4. States such as Karnataka and Tamilnadu have asserted their linguistic and
cultural rights in the wake of the centre’s interventions on promotion of Hindi
(art 351)
5. Amendment in NIA act where DGP of state police is not required to act.
6. RTI amendment where state information commissioners appointment method is
determined by centre.
7. 15th finance commission tied grants to certain conditions like one nation one
ration card scheme implementation, payment of DISCOM loans etc…
8. Extension of BSF jurisdiction.
9. Electricity act 2020, ended the monopoly of state DISCOMS, electricity to be
covered under GST and creation of central enforcement authority with
overarching jurisdiction.
10. States question the spirit of cooperative federalism wrt GST compensation
standoff.
5. Control Mechanisms of Union Over the States in Indian Federalism Fiscal

Control
1. States are dependent on the centre for financial resources.
2. Central government on the recommendation of finance commission under art
280 devolves funds to the states.
3. GST under art 279A(1) has pooled sovereignty concept where states had to
partially lose their powers of taxation.
1. Union list (98 subjects) is wider than the state list(59 subjects), centre has
overriding powers wrt concurrent list(52 subjects).
2. Art 248 states that wrt subjects not mentioned on any of the three lists
parliament has exclusive authority to make legislation.
3. In Kartar Singh vs state of Punjab case the court held that parliament has
exclusive power wrt residual matters.
4. Art 249 states that where Rajya sabha has declared with 2/3rd of members
present and voting, parliament may in the national interest legislate on
subjects in state list.and similar powers under art.250 in case of emergency.
5. Art 251 states that the state laws will remain inoperable if they are in
contravention with the central law
6. Art.356 and art.357 stipulated that president be delegated the legislative
powers of the state by the parliament.
7. Governors of states are appointed by the president and the governor can
withhold a bill for president’s consideration(art 200). Those bills approved by
the state legislature and the president has an absolute veto over them.
8. States legislatures are not consulted and their consent is not required except in
some matters during constitutional amendments and the parliamentary has

exclusive power under (art.368) in amendment to constitution
6. Shortcomings of Indian Federalism

1. Absence of fiscal federalism.
2. Unequal representation of units in the second chamber.
3. Centralising amending power (art368).
4. Indestructible union with destructible states.
5. Office of governor appointed by the president (art 155) and can be removed by
the president as she holds office during the pleasure of the president (art 156).
6. The removal of governors has been arbitrary as the newly elected government
removed governors of UP, Gujarat, Haryana, and Goa in 2004, in this context
Supreme Court in B.P Singhal vs union of India case observed that such power
of the president should not be arbitrary, capricious and unreasonable.
7. Extra Constitutional Factors Influencing Federal Polity

1. Regionalism: Sons of Soil theory has led to the mushrooming of regional
political parties which stress much on regional independence at the cost of
national integrity and federalistic principles.
2. NITI Ayog an Extra – Constitutional body: has encroached on the autonomy of
the states diluting the federal substance. Generally the plan reflects the
ideology and principles of the ruling party at the centre, paying little attention
to the genuine demands of regional needs.
3. Ethnic issues: The ethnic tension due to linguistic, communalistic and casteist
issues of political dominations seriously hamper the smooth functioning of
Federal polity in India.
4. Uneven Socio-economic development: due to various geo-economic reasons
create a suspicion on the central government’s attitude. For example: North
Eastern region has many geo-economic factors.
5. Proclamation of President’s rule in Arunachal Pradesh significantly advanced
unfinished agenda of limiting partisan federalism.
8. Factors Responsible for the Survival of Indian Federalism- Indian Federalism

Survived in Spite of Its Unitary Features. Why?
1. It best to call India a ‘holding together’ federation, not a ‘coming together’
federation.
2. Indian federalism survived because it is not assimilationist in character as
removal of ethnic or cultural diversities is not present in the Indian model.
3. Indian model simultaneously put in place institutional guarantees for
safeguarding politically salient diversities, such as language, religion and
culturally sacred norms.
4. Acceptance of the various forms of diversity as intrinsic to Indian nationhood
came to be called the ‘salad bowl’.
5. Indian model accepts pluralism as central to Indian nationhood, and protects it

through laws (such as personal laws and protection of minority educational
institutions) and through political institutions (such as federalism).
6. In India, the institutions that have played a key role in generating all-India
loyalties, historically or currently, include the Congress party, the armed forces,
the Indian Administrative Service (IAS), the Supreme Court and the Election
Commission.
7. The major coalitions that have governed at the centre have depended on
regional parties for their survival. Suspending state governments would
undermine coalitions and bring about the downfall of national governments.
8. Resource transfers from the centre to the states is voluminous.
9. The disputes are settled in the National Development Council, which is the
forum for bargaining over project funds or in the Supreme Court wrt some
institutional arena or the other, disputes get resolved.
9. Nature of Indian Federalism- Cooperative, Competitive, Confrontational

1. In Cooperative federalism the Centre and states share a horizontal relationship,
where they “cooperate” in the larger public interest
2. It is a tool to enable participation of states in the formulation an
implementation of policies of national interest.
3. Constitution provides for cooperative federalism under schedule 7 of the
constitution.
4. Passing of GST is an example of cooperative federalism where states and centre
have pooled their respective powers of taxation to bring about a unified tax
regime.
5. Institutions like NITI AAYOG were formed as extra constitutional bodies to
ensure cooperative federalism to provide strategic vision for GOI and to deal
with contingent issues.
6. Art.80 provides for council of states, representing states in legislative process.
7. Art.261 provides full faith and credit to public acts, records and judicial
proceedings of the Union and the state, promoting cooperation and faith.
8. Art.262 allows the Parliament to adjudicate inter-state water disputes. 7. Article
263 dealing with Inter- state council deals with issues between the states
among themselves.
9. In State of Rajasthan v. Union of India, the court identified cooperative
federalism as the system of constitutional governance in India.
Competitive Federalism
1. This idea of Competitive federalism gained significance in India post 1990s
economic reforms.
2. In a free-market economy, the endowments of states, available resource base
and their comparative advantages all foster a spirit of competition. Increasing
globalisation, however, increased the existing inequalities and imbalances
between states.
3. In Competitive federalism States need to compete among themselves and also
with the Centre for benefits.
4. State compete with each other to attract funds and investment, which
facilitates efficiency in administration and enhances developmental activities.
5. The investors prefer more developed states for investing their money. Union
government devolves funds to the states on the basis of usage of previously
allocated funds.
6. Healthy competition strives to improve physical and social infrastructure within
the state.
7. NITI Aayog with aspirational districts programme aims to quickly and effectively
transform 112 most under developed districts across the country.
8. SDG India index which ranks Indian states across 17 parameters of UNDP and
ensure competitive spirit in the achievement of sustainable development goals
(SDGs).
Conflictual Federalism
1. The Indian Constitution has an inherent bias for the Union government as the
Indian Constitution has an inherent bias for the Union government.
2. The general principle underlying the division of powers is that all matters of
national importance, e.g. defence, foreign affairs, railways, currency are allotted
to the Central government
3. Regional assertion vs central dominance.
4. Interstate disputes, where the conflict is contingent upon divergent delineations
of property or user rights over water by the co-riparian states of upstream
Karnataka and downstream Tamil Nadu.
5. Indian Constitution, vested the Centre with greater powers of taxation,
Asymmetrical sharing of revenue and resource crunch at the periphery results
in uneven development across the country.
6. Office of governor has been an issue of conflict between centre and states. As
the office is discredited for misusing provisions like art.200( reserving a bill for
the consideration of the president) and art 356 (imposition of president rule) in
this regard, Supreme Court termed Governor’s decision unconstitutional
ordered restoration of Congress government in Arunachal Pradesh.
10. Judicial Doctrines That Upheld Indian Federalism
Doctrine of Harmonious Construction
This doctrine was brought about to bring harmony between the different lists
mentioned in the schedule 7 of the constitution of India.
Different subjects are mentioned in different lists in this schedule.
2. When the entry of one list overlaps with that of another list. Then this doctrine
comes into picture
3. Supreme Court applied this Doctrine in the case of Tika Ramji vs the State of
UP.
Doctrine of Eclipse: The doctrine states that if any law becomes contradictory to the
fundamental rights, then it does not permanently die but becomes inactive.
2. When a court strikes a part of the law, it becomes unenforceable. Hence, an
‘eclipse’ is said to be cast on it. The law just becomes invalid but continues to
exist.
3. Supreme Court first applied this doctrine in the case of Bhikaji vs State of
Madhya Pradesh where it applied to pre-constitutional law. The extension to the
post-constitutional law was stated in the case of Dulare Lodh vs ADJ Kanpur.
Doctrine of Pith and Substance: This doctrine comes into picture when there is a
conflict between the different subjects in different lists. There is an interpretation of
List 1 and List 2 of the Constitution of India.
2. There can be a situation when a subject of one list touched the subject of
another List. Hence this doctrine is applied then.
3. Pith and Substance means the true nature of law.
4. However, if one among the state and the Centre does encroach upon the sphere
of the other, the courts will apply the Doctrine of Pith and Substance.
5. The true object of the legislation pertains to a subject within the competence of
the legislature that enacted it, it should be held to be intra vires although it
may incidentally encroach on the matters not within the competence of the
legislature.
6. It was applied by the Supreme Court in the case State of Bombay Vs F.N
Balasar.
Doctrine of Incidental or Ancillary Powers:

The power to legislate on a subject also includes the power to legislate on ancillary
matters that are reasonably connected to that subject.
2. The power to impose tax would include the power to search and seizure to
prevent the evasion of that tax. However, power relating to banking cannot be
extended to include power relating to non- banking entities.
3. This does not mean that the scope of the power can be extended to any
unreasonable extent. Supreme Court has consistently cautioned against such
extended construction.
4. In R M D Charbaugwala vs State of Mysore case SC held that betting and
gambling is a state subject as mentioned in Entry 34 of State list but it does
not include power to impose taxes on betting and gambling because it exists as
a separate item as Entry 62 in the union list.
Doctrine of Territorial Nexus:

Article 245 states that a state legislature can make laws on the territory of the state
and not on extraterritorial laws provided there is nexus or connection between the
sate and the object of the legislation.
2. Such laws cannot be declared invalid on the growth that they are
extraterritorial according to Article 245(2).
3. Supreme Court applied this doctrine in the case of Tata Iron Steel vs. the State
of Bihar
Federal Supremacy
1. The union have exclusive over the legislative and executive power. Article 246 of
the Indian constitution provides a system of hierarchy with Union list at the
apex followed by a concurrent list and then state list.
2. If a statute’s provisions fall in both state and union list, then the centre would
have the dominant legislative power.
3. The state and concurrent list are subordinate to the Union list. The Supreme
Court can apply this principle as a last resort if attempts to find a solution
under the Principle of Federal Supremacy fails.
4. Under the normal circumstances, the parliament is empowered to legislate on
any subjects allotted to the state if the Rajya Sabha passes a resolution to that
effect in the national interest. This shows that the states do not have exclusive
control.
5. The States would have no legal rights as against the overriding powers of the
Union, because of a general theory of paramountcy or superiority of the Union.
Harmonious Construction
1. The term harmonious construction refers to such construction by which
harmony or oneness amongst various provisions of an enactment is arrived at.
2. An inconsistency should neither be created nor be readily inferred.
3. where two provisions are contradictory, it may not possible to effectuate both of
them and in result, one shall be reduced to futility as against the settled basic
principle.
4. Such a construction should be allowed to prevail by which existing
inconsistency is removed and both the provisions remain in force, in harmony
with each other.

5. The objective of harmonious construction is to avoid any confrontation between
two enacting provisions of a statute.
6. The basis of this rule is that the Legislature never envisages to provide two
conflicting provisions in a statute, for the reason that it amounts to self-
contradiction.
7. In Hindustan Bulk Carriers (2003) the supreme court laid down that the
provision of one section cannot be used to defeat the provision contained in
another unless the court, despite all its efforts, is unable to find a way to
reconcile their differences.
8. To harmonise the provisions is not to render them fruitless or destroy any
statutory provision.
9. The approach that is mostly used by the courts is to find out which provision is
more general in nature so as to construe the more general provision and
exclude the specific one.
11. Cooperative Federalism - Does It Exist? Problem and Prospects

1. The seeds of cooperative federalism can be traced to Regulating act 1773 which
ensured that the work of East India Company is supervised by the British
government.
2. 7th schedule of the Constitution which demarcates the central, state, and
concurrent list based on principle of subsidiarity. Residuary power is kept with
the centre.
3. Article 249[5] provides authority to the parliament to make on state list
subjects if the resolution is passed in that regard to that effect with 2/3rd
majority.
4. Zonal councils are established under the state reorganisation act of 1956 to
ensure coordination.
5. Institutions like NITI AAYOG to replace the planning commission and will
function in close cooperation, consultation, and coordination with the
Ministries of the Central Government and State governments.
6. GST which was passed by 101st constitutional amendment to enable free
movement of goods and services will give a fillip to employment
opportunities.and give consumers a wider choice and better price.
7. Central and state governments worked together in tackling COVID-19. Disaster
management act, 2005 was invoked to impose lockdown to ensure consistency
in the application and implementation of various measures across the country
along with that Epidemic diseases act, 1897 was invoked to deal with the
outbreak.
12. Problems in Cooperative Federalism

1. Central government has taken a predominant role in the governance structure
shadowing the role of state government.
2. The Supreme Court has restricted the expertise of such power in S.R Bommai
vs Union of India case (1994).
3. The GST has a fundamental feature that states have foregone some taxation
powers (octroi, entry tax, luxury and entertainment taxes etc..).
4. The sharing of tax resources and revenues are the subject matter of the finance
commission and parliament rather than the GST council, where states have
more powers.
5. Recommendations of the finance commission are placed before the parliament
and states have no role in the discussion.
6. While the Centre has increased the States’ share of the divisible pool to 42% in
14th FC but in reality States are getting a lesser share of revenues (hardly
peaked at 36%in 2018-19).
7. Cess and surcharge which are not shared with the states are increasing in
centre’s gross tax revenue (in 2017-18 it stood at 15.7%).
8. Misuse of art 282 which is used to encroach upon state subjects through
centrally sponsored schemes and central sector schemes.
13. Prospects for Cooperative Federalism.

1. To make collaborative federalism work, more institutional reforms are required
to eliminate the possibility of manipulation by ad hoc political bargaining.
2. State bills should be taken on a priority list for the assent of the President as
the speedy clearance of this will ensure more cooperation among state and
centre.
3. There should be proper enforceability of decisions in a matter related to inter
state water disputes to avoid long-lasting conflicts among states. But the
central government should not usurp the powers of states in managing the
rivers under their jurisdiction. Recent Dam safety bill is leading to concern
among the states.
4. Interstate council can be operationalised under art 263 of the constitution to
solve disputes.
5. Use of National Development Council and National Integration Council to
ensure coordination among states while dealing with macro economic
challenges.
6. Supreme Court can exercise exclusive jurisdiction(under art131) to deal with
disputes between centre and states and between two or more states.
7. Interstate trade and commerce commission be set up under art 307, with both
advisory and executive roles.
14. Cooperative Trends in Indian Federalism

1. Implementation of GST with reasonable amount of success is possible with
consensus building and pooled sovereignty of centre and states.
2. Relaxed FRBM Norms during the event of COVID 19 (from 3% to 5% of GSDP)
which helped the states to augments their finances and engage in relief
activities.
3. Centre has directed that the food stored in FCI godowns to be distributed to the
states.
4. Supreme Court directed that Cauvery river as national property thus bringing
relief to a long standing conflict between the two states.
5. NITI Aayog is an example of strengthening federalism in India which gives
representation and voice to the states.
15. Did India Move From Cooperative to Competitive Federalism

1. NITI Aayog is formed which endeavours to promote competitive federalism by
facilitating improved performance of States/UTs.
2. There are efforts to rank the states based on various social sectors based on
quantitative objective criteria
3. Aspirational Districts programme aims to quickly and effectively transform 112
most under- developed districts across the country and competition among
districts through monthly delta ranking.
4. Various programmes such as – Saksham Bitiyan Abhiyan, Anemia Mukt Bharat
and Surakshit Hum Surakshit Tum, are some of the flagship initiatives that
have been taken up to encourage a spirit of competition among the
stakeholders in achieving the desired goals.
5. There is SDG India index which ranks states on the basis of achievement of
SDGs.
6. Para diplomacy by states to attract global investors. Such leeway provided by
the central government would incentivise the states to contribute to national
growth.
16. Asymmetric Federalism- Role of Rajya Sabha

1. Rajya sabha has the power to transfer a subject from the state list to union list
for a specific period (under art.249).
2. Rajya sabha can create new All India Services(art.312)
3. Rajya sabha has the power to endorse emergency under art.352 for a limited
period when L.S remains dissolved.
4. Members are elected indirectly by the members of the state legislature, so they
essentially represent the states in the parliament.
5. Asymmetric federalism can be seen as states like Uttar Pradesh has 31
members while Tripura has only one member.
6. Asymmetry can also be seen as 12 members are nominated by the president
who is a part of union executive
17. Fiscal Federalism and Finance Commission
14th and 15th Finance Commission

1. Vertical devolution of tax between centre and states should be 42% under 14th
FC while the share of states has been rationalised to 40%.
2. Taxes of art. 268 and art. 269, cess and surcharge on goods shouldn’t be
shared with states.
3. The states should share its own taxes with the local bodies like entertainment,
professional tax, mining royalty, advertisement tax.
4. Done away with the distinction between special and general category states for
tax devolution purposes, but provide grants to 11 revenue deficit states.
5. Done away with plan and non-plan distinction in revenue expenditure of state
governments.
6. Compensate states fully for 3yrs in case of revenue loss after GST
implementation.
7. Horizontal tax devolution between states based on factors like Area, forest,
population, demographic change and income distance.
8. 15th FC recommended revenue deficit grants to meet the fiscal needs of the
States on their revenue accounts.
Performance Based
Incentives and Grants to States based on
1. Social sector(health and education),
2. Rural economy with a focus on agriculture and maintenance of rural roads.
3. Governance and administrative reforms with grants to judiciary, and
aspirational districts.
4. Performance based incentive system for the power sector.
18. Controversies Associated with 15th Finance Commission.

1. Use of 2011 census data - it has been observed that the reliance on 2011
population would discriminate against Southern states which have a better
record of controlling population growth.
2. It is being criticised for being inclined towards the Centre by implicitly
endorsing neoliberal policies.
3. The 15th Finance Commission has been criticised for not addressing the issue
of increasing cesses and surcharges by the central government which are not
required to be shared with the States.
4. Changed the terms of transfer in ways that erode the policy independence of
the state government and increases the room for central interference in the
determination of state-level priorities.
5. linking transfers to performance criteria of the states like implementation of
power sector reforms, repayment of DISCOM payments, implementation of one
nation one ration card scheme.
6. The 15th FC has not acceded to the demand of the States that they be
permitted to borrow larger sums to meet their immediate fiscal strain, and do
so without being subjected to conditions.
19. Finance Commission and Disaster Management.

1. The Commission has recommended allocation of disaster management funds to
SDRMFs should be based on factors of past expenditure, area, population, and
disaster risk index which reflect States' institutional capacity, risk exposure,
and hazard and vulnerability.
2. The total States allocation for SDRMF should be sub-divided into funding
windows that encompass the full disaster management cycle.
3. For Response and Relief, Recovery and Reconstruction and Preparedness and
Capacity- building.
4. The Commission has recommended that all Central assistance through the
NDRF and NDMF should be provided on a graded cost-sharing basis.
20. Local Bodies and Fiscal Federalism.

1. Art.40 provided that state shall take steps to organise village panchayats and
endow them with such powers and authority as may be necessary for them to
function as units of self governance.
2. The 73rd Constitutional Amendment Act of 1992 added Part IX to the
Constitution of India, i.e., 'The Panchayats' and Urban local bodies also added
the 11th, 12th schedules.
3. Local bodies have little autonomy in allocating funds to their needs. And certain
schemes which have no relevance for the village get funds, this leads to
unsuitable activities and under spent nature of funds.
4. Panchayats and do not have fiscal powers(except some southern states) while
only few ULBs have taxation powers which will be woefully inadequate to meet
their obligations.
5. Non implementation of state finance commission recommendations as they are
not binding.
6. 2nd ARC has recommended that SFCs must compulsorily be placed in the
states concerned within 6 months of submission and annual statement
regarding the implementation.
21. Demand for Greater Autonomy to the States?
Why?
1. The question of the exercise of powers by the centre under Article 356, to
dismiss the state government is protested by several states since independence.
2. Arbitrariness in the appointment and removal of governor under art.155 and
art.156 by the president on the recommendation of the central government.
3. The scope of the state autonomy movements can best be captured in the
Sarkaria commission report.
4. The unique demands of states are not adequately addressed. When union laws
are made it is difficult to implement such laws.
5. The overarching nature of central laws which are wider erode the policy making
space of states.
6. Due to rapid economic growth after liberalisation, the regional disparities grew
between Indian states. Devolution under the finance commission also proved to
be inadequate, such aspirations could be better incorporated if given more
autonomy.
22. Inter State Council - Formation And Functions

1. Article 263 of the Indian constitution provides for the establishment of an Inter-
State Council.
2. This is formed to enhance the coordination between the Center and States.
3. It is the platform to discuss policies to strengthen the Centre-State relations
and act as a bridge to build trust between the Center and the States.
4. Inter-State Council is not a permanent constitutional body, which can be
created at any time if it seems to the President that the public interest would be
served by the establishment of such council.
Functions
1. Inquiring and advising upon disputes which may have emerged between the
States:
2. Investigating and discussing subjects in which the States of the Union has a
common interest.
3. Making suggestions on any such subject, for the better coordination of policy
and action with respect to that subject.
Issues
1. The Interstate council has held only 10 meetings since its inception.
2. Proliferation of other institutions like NITI Aayog reduced the need and
relevance of interstate council.
3. It is merely an advisory body with no bindings on either the centre or the state.
4. It lacks technical and management expertise along with the autonomy that is
required for effective functioning.

5. There is no presence/engagement of the civil society in the council which makes
it less participatory.
23. NITI Aayog and Federalism

1. NITI Aayog is the premier policy think tank of the government of India. It is an
executive body to provide strategic policy vision for the government, and deal
with contingent issues.
2. NITI Aayog fosters cooperative federalism to make plans at local level and
aggregate these progressively to national level.
3. Ensures competitive federalism where states compete with each other to attract
funds and investment, NITI also engaged in ranking states on various
parameters like water management index, health performance index, SDG India
index, school education quality index.
4. Special focus on paying special attention to marginalised regions of the country
like NITI forum for north east under the guidance of home ministry.
5. Introduced a competitive element in the Aspirational Districts Program where
112 most backward districts
24. Revocation of Art.370 and Federalism.

1. The constitutionality of the abrogation of Article 370 will have important
consequences for the fabric of federalism,
2. It exposes the fragile set of compromises on which India’s asymmetric federal
system rests.
3. The negotiation of Article 370 was a transitional and contingent constitutional
arrangement agreed in the midst of a continuing conflict while the Indian
Constitution was being finalised.
4. Over time, this ‘transitional’ clause had become a semi-permanent institutional
compromise.
5. The efforts to integrate the State more closely into the Indian Union and the
desire of many Kashmiris to preserve a special status for their State went hand
in hand.
6. As many as 94 of 97 entries in the Union List and two thirds of constitutional
articles have been extended to the State.
7. Abrogation of art.370 shows India is a holding together federalism and not
coming together federalism. Proves that states are not infallible units and mere
destructive parts of indestructible Indian union.
LOCAL GOVERNANCE
1. District Governments and can they be an alternative for the Demand for
Smaller States?
Why is there a demand for smaller states?

1. Developmental inequalities between various regions of the state.
For Eg.: Purvanchal and Bundelkhand in UP are poorer to the prosperous
western UP. There are demands for a separate Purvanchal and Bundelkhand
for increased development.
2. Accesibility to seats of governance and easier administration Larger states have
huge distances to cover.
3. Cultural assertion and culture protection of previously ignored people.
4. There is a feeling of neglect among people of certain regions
Can District governments be an alternative?

1. Yes. District governments provide many solutions to the problems of larger
states.
2. Notion that India is ruled by 3M’s: PM, CM, DM.
3. This can be dispelled by proper decentralization of powers and duties.
4. Empowering Zilla Parishads will inturn empower the people directly.
5. No One Size fits all implementation of schemes.
6. Focus can be on needs and priorities.
7. Increase transparency and accountability.
8. Feeling of neglect can be dispelled by including people in the planning and
implementation of the schemes.
9. People will have easier access to their representatives.
Disadvantages:
1. Huge burden on the states to create separate infrastructure for all departments
for each district.
2. Some districts are more prosperous than others.
For eg. In Telangana, RR district with Hyderabad is very prosperous than the
tribal district of Adilabad.
3. This might create developmental inequalities.
4. States pool resources from all districts and use them to improve backward
districts.
5. Increase in financial autonomy of districts might create developmental
disparities.
2. District Administration and Local Government: Issues and Challenges:

1. The democratic decentralization through 73rd and 74th CAA, has entrusted the
Local self government with the main task of local governance
2. The district administration playS an enabling and coordinating role.
3. However, in several cases bureaucratic inertia and lack of empowerment of LSG
(local self government) has hindered the objective of decentralized local
governance.
Issues:
1. Lack of financial autonomy of municipalities.
2. Friction between DM and Zilla Parishad.
3. Political rivalry with state government may lead to paralysis.
4. Public service delivery and lack of capacity.
5. Position of para statals
3. State Control and Dominance of Bureaucracy Over Local Self Government.

1. States play a major role in allocation of funds, functions and functionaries to
Panchayats.
2. The LSG bodies have limited powers to recruit its functionaries.
3. The LSG has to work with the existing state bureaucracy to further its aims.
4. This leads to:
 Friction between the LSG and the district bureaucracy.
 Accountability of the LSG towards people when its plans are implemented
by state bureaucracy than its own bureaucratic setup.
 Lack of proper manpower for proper decentralization and program
implementation.
 Political rivalry between LSG and State government may lead to
interference.
4. PESA ACT: Provisions

1. To promote local self-governance in rural India, the 73rd Constitutional
Amendment was made in 1992.
2. Through this amendment, a three-tier Panchayati Raj Institution was made into
a law.
3. However, its application to the scheduled and tribal areas under Article 243(M)
was restricted.
4. After the Bhuria Committee recommendations in 1995, Panchayat Extension to
Scheduled Areas (PESA) Act 1996 came into existence for ensuring tribal self-
rule for people living in scheduled areas of India.
5. The PESA conferred the absolute powers to Gram Sabha, whereas state
legislature has given an advisory role to ensure the proper functioning of
Panchayats and Gram Sabhas.
6. The power delegated to Gram Sabha cannot be curtailed by a higher level, and
there shall be independence throughout.
7. The PESA is considered to be the backbone of tribal legislation in India.
8. PESA recognises the traditional system of the decision-making process and
stands for the peoples’ self-governance.
9. Following powers and functions have been provided to the Gram Sabhas:
 Right to mandatory consultation in land acquisition, resettlement and
rehabilitation of displaced persons.
 Protection of traditional belief, the culture of the tribal communities
 Ownership of minor forest produce
 Resolution of the local disputes
 Prevention of land alienation
 Management of village markets
 Right to control production, distillation, and prohibition of liquor
 Exercise of control over money-lending
 Any other rights involving the Scheduled Tribes.
5. PESA ACT: Challenges in Implementation:

1. The state governments are supposed to enact state laws for their Scheduled
Areas in consonance with this national law.
2. This has resulted in the partially implemented PESA.
3. The partial implementation has worsened self-governance in Adivasi areas, like
in Jharkhand.
4. Many experts have asserted that PESA did not deliver due to the lack of clarity,
legal infirmity, bureaucratic apathy, absence of a political will, resistance to
change in the hierarchy of power, and so on.
5. Social audits conducted across the state have also pointed out that in reality
different developmental schemes were being approved on paper by Gram
Sabha, without actually having any meeting for discussion and decision
making.
Challenges of Local Government
6. Reasons for Ineffectiveness of Local Government:

1. Lack of adequate devolution of funds, functions and functionaries.
2. Excessive control by bureaucracy.
3. Tied nature of funds.
4. Overwhelming dependency on Government funding
5. Reluctance to use fiscal powers.
6. Inefficient status of the Gram Sabha.
7. Creation of parallel bodies
8. Poor infrastructure
9. Lack of adequate training of the elected representatives on their duties, powers

and efficient use of PRIs.
10. Impact of societal equations like casteism, patriarchy, communalism on the
PRI’s
7. Suggestions for Improvement of Local Governance:
Funds:
1. Genuine fiscal federalism i.e. fiscal autonomy accompanied by fiscal
responsibility can provide a long term solution without this PRIs will only be an
expensive failure.
Functions and activity mapping:

2. 6th report of 2nd ARC, ‘Local Governance- An inspiring journey into the
future’’, had recommended that there should be a clear-cut demarcation of
functions of each tier of the government.
3. States should adopt the concept of ‘activity mapping’, wherein each state
clearly delineates the responsibilities and roles for the different tiers of the
government in respect to the subjects listed in the Schedule XI.
4. The subjects should divided and assigned to the different tiers on the basis of
accountability to the public.
5. States like Karnataka and Kerala have taken some steps in this direction but
overall progress has been highly uneven.
6. There is need for bottom up planning especially at the district level, based on
grassroots inputs received from Gram Sabha.
Emulating best practices across the country:

7. Karnataka has created a separate bureaucratic cadre for Panchayats to get
away from the practice of deputation of officials who often overpowered the
elected representatives.
8. Such practices needs to be replicated in other states for strengthening the true
character of local self governance.
9. The center also needs to financially incentivize states to encourage effective
devolution to the panchayats in functions, finances, and functionaries.
Training of Representatives:
10. Training should be provided to local representatives to develop expertise so that
they contribute more in planning and implementation of policies and
programmes.
11. To solve the problem of proxy representation social empowerment must precede
the political empowerment.
12. Recently states like Rajasthan and Haryana have set certain minimum
qualification standards for Panchayat elections. Such necessary eligibility can
help in improving effectiveness of governance mechanism.

13. These standards should apply for MLAs and MPs also and in this direction
government should speeden up efforts for universal education.
14. There should be clear mechanisms to ensure that States comply with the
constitutional provisions, particularly in the appointment and implementation
of the recommendations of the State Finance Commissions (SFCs).
73rd and 74th AA - Development and Democracy
8. 73rd Ca - Role in Rural Development:
1. Transformation OF Patriarchal society into more gender-neutral society.

2. Provision of one third reservation for women have empowered women in
participating in democracy.
3. Promotion of direct democracy and inclusive participation to eliminate
social evils like Caste System Khap panchayats etc.
4. Improvement in the delivery of public goods by bringing decision-making
closer to the people.
5. Constitutionally empowering local village leaders led to decentralisation of
administration.
6. Empowering vulnerable and marginalised sections of societies like SC/ST
communities have led to mainstreaming the marginalised.
7. Promote development of Social capital to promote cooperative social
development.
8. devolution of power and changing the existing social structures have led to
improved choices of health and education.
9. Devolution of powers have also led to distribution of Economic capital –
improvement of employment opportunities led to better standards of living
causing urbanising of rural areas.
10. Autonomy given to tribal areas in matters of administration have provided
for tailor made administration for tribals.
11. Decentralisation of powers have led to awareness about environmental
protection and promotion of sustainable development.
12. Empowering democracy through strengthening direct elections in
grassroots.
13. Autonomy in developmental activities at village level.
9. 73rd and 74th CA - Role in Deepening Democracy:

1. 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”.
Political democracy: Promoting Grassroots democracy

2. Opportunity to the marginalized sections to lead and involve in decision
making.
3. Reservations for women, OBCs, SC and ST in RLBs and ULBs.
4. Gramsabhas have given an opportunity for collective voice to be heard.
5. Direct democracy roots have been planted
Economic Democracy:
6. People share ownership of resources.
7. They have a say in how the resources ought to be spent.
8. Utilisation of grants as per their collective needs.
10. Importance of 73rd Amendment on Women Empowerment in India

Provisions for women in the 73rd Amendment Act:
1. Reservation of not less than one-third of the total number of seats for women
(including the number of seats reserved for the SCs and STs).
2. Further not less than one-third of the total number of offices of chairpersons in
the Panchayats at each level shall be reserved for women. This would be rotated
among different Panchayats at each level.
Women empowerment through 73rd Amendment Act:

3. Political empowerment:
 Reservation of not less than one-third of the total number of seats for
women.
 There are approximately 13.45 lakh Elected Women Representatives
(EWRs) in PRIs which constitute 46.14% of total Elected Representatives
(ERs).
 It is an attempt to ensure greater participation of women in election
process directly and indirectly.
 It would be the nursery of creating women politicians for national politics.
 Even the participation of common women citizens in various activities
such as attending Gram Sabha meeting, etc. has reportedly increased (68-
78 percent).
4. Economic empowerment:
 Women are actively participating in rural development as per their
capacity right from labourers to policy-makers.
 This empower them economically and help them in being independent.
 Woman Sarpanch of Dhani Miyan Khan GP in Haryana built a training
centre for women and ensured that every village child went to school
5. Decision-making:
 The participation of women as elected as well as non-elected members are
rising due to reservation for women.
 It acts as pull factor for women to participate in meeting.
 They give their suggestions for various works and problems faced by
them.
 Under the leadership of it’s woman Sarpanch, Khetri GP in Assam has
achieved 100% institutional delivery, 100% immunization, near 100%
drinking water coverage, sanitation coverage and 80% all weather road
connectivity in the GP
 This empower them and enable them to take decisions in different
spheres of life.
6. Raise in voice:
 Despite their low- literacy level, they have been able to tackle the political
& bureaucratic system successfully.
 They have used their elected authority to address, critical issues such as
education, drinking water facilities, family planning facilities, hygiene &
health, quality of healthcare & village development.
7. Empowerment of other women:

 Women are acting as an agent of change in the society and raising voice
against injustice and atrocities.
 Women role has led to raise of voice by women against domestic violence
and other atrocities.
 Women is being empowered to active participation and awareness of
women about their rights and power.
8. Reduction in violence against women:

 Domestic violence has substantially declined due to women pradhan or
sarpanch.
 These women representatives take pro-actively take up such violence. The
victims also feel free to share their grievances to women representatives.
Some issues in women representation in PRIs

9. Illiteracy and low education levels of the majority of the women elected to the
PR’s.
10. Women are overburdened with family responsibilities.
11. Introversion due to the lack of communication skills.
12. Poor socio-economic background with which the women have come into the
system and poor capacity building.
13. Male family members and also leaders from the caste group/community come
in the way of the affairs of the Panchayats.
14. Indifferent attitude and behaviour of officials working in the system.
15. Misguidance by the local bureaucracy.
16. Mounting pressure from the political party which has vested interests in the
gender reservation for positions in the PRI system.
17. Undue interference by the husband (post sarpanch) of women representatives,
treating them as mere dummies.
18. Widespread use of corrupt practices among the male members and local
bureaucrats.
Finances
11. Sources of Finances For Local Bodies:

In general, Local bodies in our country receive funds in the following ways:
1. Grants from the Union Government based on the recommendations of the
Central Finance Commission as per Article 280 of the Constitution
2. Devolution from the State Government based on the recommendations of the
State Finance Commission as per Article 243 I
3. Loans/grants from the State Government
4. Programme-specific allocation under Centrally Sponsored Schemes and
Additional Central Assistance
5. Internal Resource Generation (tax and non-tax)
12. Finance Commission Recommendations for Local Bodies Finance:

1. Along with grants for municipal services and local government bodies, it
includes performance-based grants for incubation of new cities and health
grants to local governments.
2. In grants for Urban local bodies, basic grants are proposed only for
cities/towns having a population of less than a million. For Million-Plus cities,
100% of the grants are performance-linked through the Million-Plus Cities
Challenge Fund (MCF).
3. MCF amount is linked to the performance of these cities in improving their air
quality and meeting the service level benchmarks for urban drinking water
supply, sanitation and solid waste management.
4. Rs. 4,36,361 crore is the total grant given to the local governments for the
period of 2021-26. Out of the total grant; Rs.450 crore is dedicated to the
shared municipal services.
5. Grants to Rural Local Bodies – Total sum of Rs. 2,36,805 crore is a grant for
the rural local bodies.
6. Grants to Urban Local Bodies – Rs.1,21,055 crore is the total grant for the
urban local bodies.
7. Grants for Health to be Channelised through Local Governments – Rs. 70,051
crore stands for the Health grant to the local governments.
EMERGENCY
1. Circumstances for Declaration of Emergency and Consequences

1. Emergency provisions are contained in part 18 of the constitution. From art 352
to 360 to enable the central government to meet abnormal situation effectively.
2. Under article 352 the president can declare national emergency when the
security of India. Or part of it is threatened by war or external aggression or
armed rebellion. (Sometimes even before the actual occurrence)
3. Articles 358 and art 359 describes effect of national emergency on fundamental
rights.
4. According to article 358 when the proclamation of national emergency is made
the six FRs under art 19 are automatically suspended.
5. Under art 359 the president is authorised to suspend by order, the right to
move any court for the enforcement FRs during national emergency. Thus,
remedial measures are suspended and not the FRs.
6. The motive behind the incorporation is to safeguard the sovereignty, unity,
integrity, and security of the country.
7. The term armed rebellion is inserted from 44th amendment in the place of
internal disturbance.
2. Parliamentary Procedure and Consequences of Proclaiming Emergency:

1. The proclamation of emergency must be approved by the both houses of the
parliament within one month from the date of the issue.
2. If approved emergency continues for 6 months and can be extended to an
indefinite period with an approval of parliament (special majority) for every six
months.
3. The central executive becomes entitled to give executive directions to a state on
any matter.
4. Parliament becomes empowered to make laws on any subject mentioned in the
state list.
5. The president can modify the constitutional distribution of revenues between the
centre and states.
6. While the emergency is in operation, the life of loksabha may be extended beyond
the normal term of one year at a time.(can’t be beyond 6 months after emergency
cease to exist.
7. 44th amendment act mandates that the president cannot suspend the right to
move the court for the enforcement of FRs guaranteed by art 20 and 21.
8. Declarations made under art 352 : This type of emergency has been proclaimed
three times sofar- in 1962, 1971 and 1975
9. The first proclamation of National Emergency was issued in October 1962 in the
event of Chinese aggression in the NEFA and was in force till January 1968.
10. The second proclamation of National Emergency was made in December 1971
in the wake of the armed misadventure by Pakistan.

11. Even when the emergency was in operation, the third proclamation of National
Emergency was made in June 1975 on the ground of internal rebellion. Both
the second and the third proclamations were revoked in March 1977
3. Breaking of Constitutional Machinery -Meaning and its Effects.

1. Art 356 of the constitution deals with provisions in case of constitutional
machinery in a state.
2. If the president on receipt of report from the governor of the state is satisfied that
situation has arisen in which the government of the state cannot be carried on
in accordance with the provisions of the constitution, the president may assume
upon himself
3. If approved by both the houses, the president’s rule as it is most commonly
called can continue for 6 months and extended for a maximum of 3 months with
the approval of the parliament.
4. Emergency provisions are borrowed from government of India act
Supreme Court observations

1. Supreme Court noted that it can record a finding that there is constitutional
breakdown or not.
2. Supreme Court had held that it is not the personal whim, wish, view, or opinion
or the ipse dixit of the president.
3. Apex court had held that the president has to be convinced with sufficient proof
of informationwrt constitutional breakdown.
4. In Rameshwara Prasad vs union of India. It was observed that Bihar legislative
assembly dissolution on extraneous conditions was unconstitutional.
Sarkaria Commission on Proclamation.

5. President’s proclamation of President’s Rule should include reasons as to why
he thinks the state cannot run normally.
6. Whenever possible, the centre should give the state government a warning
before imposing Article 356.
7. The Article should not be used for settling political scores.
8. The commission recommended the amendment of the article in order for the
President to be authorised to dissolve the state legislature only after getting
parliamentary approval.
9. Punchhi commission recommended the provision of a “localised emergency”.
4. Article 356 Constitutional Provisions

1. Art 356 of the constitution of India is based on section 93 of the government of
India act 1935.
2. According to art 356, president’s rule can be imposed on any state on the
grounds of the failure of the constitutional machinery. A) if the president receives
a report from the state’s governor or otherwise that the state government cannot
carry on the governance acc to the provisions of the constitution. B) president’s
rule can be imposed if any state fails to comply with the directions given by the
union on matters it is empowered to.
3. 44th amendment (1978) brought some constraints on the imposition of the
president’s rule beyond a period of one year.
4. It says that president’s rule cannot be extended beyond one year unless A)
there is a national emergency in India. B) The ECI certifies that it is necessary to
continue the president’s rule in the state because of difficulties in conducting
assembly elections to the state.
Role of the Executive

5. The governor carries on with the administration of the state on behalf of the
President. He orshe takes the help of the state’s Chief Secretary and other
advisors/ administrators whom heor she can appoint.
6. The President has the power to declare that the state legislature’s powers would
be exercised by the Parliament.
7. The state legislative assembly would be either suspended or dissolved by the
President.
8. When the Parliament is not in session, the President can promulgate
ordinances with respect to the state’s administration.

9. In SR Bommai case (1994), the Supreme Court put forth strict guidelines for the
imposition of art 356.
(a) The proclamation of president’s rule is subject to judicial review on
grounds of mala-fide intention.
(b) The imposition of art 356 should be justified by the centre.
(c) The court has the power to revive the suspended government if found to be
invalid and unconstitutional.
(d) Serious allegations of corruptions against the state government.
10. The Sarkaria commission report (1983) recommended that art 356 should be
used very sparingly and only as a last resort.
ELECTIONS
1. The Role and Functioning of the Election Commission of India

1. Art 324 of the constitution stipulates Superintendence, direction and control of
elections to bevested in an Election Commission.
2. Art 327 states the power of Parliament to make provision with respect to
elections to Legislatures.
3. E.C.I is endowed with conduct of elections to Parliament and Legislature of every
State and to the offices of President and Vice-President of India.
4. ECI prepares electoral roll, issues Electronic Photo Identity Card (EPIC).
5. ECI grants recognition to political parties & allot election symbols to them along
with settling disputes related to it.
6. Commission also has advisory jurisdiction in the matter of post-election
disqualification of sitting members of Parliament and State Legislatures.
7. ECI issues the Model Code of Conduct in election for political parties and
candidates so that the no one indulges in unfair practice or there is no abuse of
power.
8. It sets limits of campaign expenditure per candidate to all the political parties.
2. To what extent has the inadequate intra-party democracy affected the

Functioning of Indian Democracy?
1. A transparent party structure with transparent processes will lead to proper ticket
distribution and candidate selection.
2. Lack of intra party democracy will lead to criminalisation of politics.
3. It would breed nepotism in politics also contribute to the growing nepotism in
political parties.
4. Centralised mode of functioning of the political parties led to lack of independent
thinking of political leaders.
5. Stringent anti-defection law of 1985 deters party legislators from voting in the
national and state legislatures according to their individual or constituency
preferences.
6. The absence of intra-party democracy has contributed to political parties
becoming closed autocratic structures.
7. Lack of intra party transparent voting for leadership led to emergence of dynasty
politics.
3. The changing Social - Economic profile of legislators do not augur well for the
health of the Indian Democracy. Comment.
1. The level of education in this Lok Sabha has come down relatively. If 80 per cent
of the legislators in 2014 had at least a graduate-level qualification, this time
only 72 per cent had a degree.
2. The time spent on discussion of bills and the number of legislations enacted has
declined
3. Question hour was used less often and time reduced to about three to four
starred questions per session.
4. Extra parliamentary and un parliamentary methods such as bargaining and
negotiations between parties outside the legislature have become a regular part
of parliamentary proceedings.
5. Desire of members to act as ‘representatives’ of their parties or interest
groups rather than members of national legislative forums.
6. There has been a perceptible decline in the interest of the members in
parliamentary proceedings. So meetings take place more at committee level.
4. What are the challenges before the Election Commission of India to ensure the
Trustworthiness of Elections in India?
1. Constant breach of “silence period” (which allows the voter to make up his or her
mind on whom to vote) by the political parties.
2. Structural issues within ECI as
 It is prone to partisan appointments by a government
 Difference in security of tenure for the Chief Election Commissioner and
Election commissioners
 Constitution doesn’t prescribe qualifications for members of the EC
 Members are not debarred from future appointments after retirement. e)
election commissioners do not enjoy security of tenure
3. Despite being the authority under Section 29A of the Representation of the
People Act, 1951, and having power to register a political party, it has no power
to de-register them
4. Voter awareness is limited.
5. Use of money and muscle power in India.
6. Large scale note for vote instances imply that voters are yet to realise the
essence of elections as around Rs 55,000 crore, or $8 billion, was spent during
Lok Sabha elections ( 2019), according to a report by the Centre for Media
Studies.
7. Transfer of an official is within the exclusive jurisdiction of the government. So
this may lead to government transferring non compliant officers.
5. Reforms suggested by the Election Commission of India to enhance the quality

of the Democracy in 2016? How far are they significant to make democracy
successful?
Amendment to the Constitution of India

1. Constitutional protection for all members of the Commission
2. Budget of the Commission to be 'charged'
3. Independent Secretariat for the Commission.
Election Management Issues

1. Making of any false statement or declaration before Authorities punishable.
2. Proposal regarding ling of false affidavit.
3. Section 126 of The Representation of the People Act, 1951.
4. Retirement of Members in Council of States and Legislative Council.
5. Providing open ballot system in case of the election to seat in the State
Legislative Councils.
6. Adjournment of poll or countermanding of election on the ground of bribery
7. Empowering the District Election Officer to requisition staff.
8. Use of totalizer for counting of votes.
Reforms Related to Political Parties

1. Compulsory Maintenance of Accounts by Political Parties
2. Accounting and Auditing Report of Political Parties
3. Prohibition on Anonymous Donations
4. Maintenance of separate bank accounts by each contesting candidate for
maintenance of poll expenses.
5. Cap on Expenditure by Political Party on a Candidate for election campaign.
6. Ceiling of campaign expenditure by political parties
7. Limit the Number of Star Campaigners
8. Time period for maintaining books of account under section 77 of The
9. Representation of the People Act, 1951.
6. State Subventions/ Funding may be an affective instrument in strengthening

Electoral Democracy in India. Discuss.
1. Political parties and candidates need money for their electoral campaigns and to
engage in political mobilisation at booth level.
2. Public funding can increase transparency in party and candidate finance and
thereby help curb corruption.
3. If parties and candidates receive at least a basic amount of money from the
State the country could have a functioning multi-party system without people
having to give up their scarce resources.
4. Indrajit Gupta committee (1998) had suggested that state funding would ensure
a level playing field for poorer political parties.
5. It recommended that funds should be given to only recognised national and
state parties.
6. It recommended that funding should be given in the form of free facilities
provided to these parties and their candidates.
7. Law commission report (1999) noted that it would be desirable if pol parties are
prohibited from taking funds from other sources.
Why Public Funding is Good?

8. Political parties and candidates need money for their electoral campaigns, to
keep contacts with their constituencies, to prepare policy decisions and to pay
professional staff. Therefore, public funding is a natural and necessary cost of
democracy.
9. Public funding can limit the influence of interested money and thereby help
curb corruption.
10. Public funding can increase transparency in party and candidate finance and
thereby help curb corruption.
11. If parties and candidates are financed with only private funds, economical
inequalities in the society might translate into political inequalities in
government.
Arguments against State Funding:

12. There are divergent views on the efficacy of state funding of elections. Some
have been dismissive of the idea.
13. Those against this idea wonder how a Government that is grappling with deficit
budgets, can provide money to political parties to contest elections.
14. They also warn that state funding would encourage every second outfit to get
into the political arena merely to avail of state funds.
15. Also, given that state expenditure on key social sectors such as primary
healthcare is “pitifully small”, the very idea of the Government giving away
money to political parties to contest polls, is revolting. Therefore, opponents ask
the government to channelize public resources towards and not diverted from
such essential services.
7. India has moved from ‘One Party Dominant System’ to ‘One Party led Coalition’.
Discuss the increasing role of regional parties in the National Politics.
1. The emergence of regional parties have posed the most powerful challenge to
India’s ‘One Party Dominant System’.
2. It is estimated that over 2100 registered political parties have appeared in India
since the Independence.
3. In the eighth Lok Sabha Elections (1984), the Telgu Desam Party (TDP), A
regional party of Andhra Pradesh, emerged as the main opposition party.
4. It’s not uncommon to see that sometimes, no single party is able to form
government at the Centre.
5. Regional parties led the political socialisation in remote areas and interest
articulation on various political, economic and social issues.
6. They have changed the relationship between the centre -state relationship from
being confrontational to cooperative bargaining.
8. Can simultaneous elections increase the effectiveness of democracy. Critically

Analyse.
Political
1. With elections in sight, the Government and opposition are in election mode
always.
2. Simultaneous election gives focussed four years to the elected government to
carry out its developmental agenda.
3. It can help improve Parliamentary Efficiency as the opposition will be more
constructive and cooperative without the political necessity of obstruction for
electoral popularity.
Administration and Governance

4. Efficient governance is the first casualty when winning elections become the
first priority of all politicians.
5. Model Code of Conduct (MCC) obstacles the government service delivery
mechanism..
6. Simultaneous elections will reduce the burden of election duties from a large
number of teachers and administrative staff, allowing them to focus on their
jobs.
Economic
7. Elections lead to huge expenditure by various stakeholders like Government of
India, State Governments, candidates conducting elections and political
parties.
8. Simultaneous elections reduce duplicity of work and expenditure.
9. For example, single polling office, polling staff, electoral roll and advertisement
cost for Government and campaigning cost for the political parties.
Security
10. Smooth, peaceful and impartial conduct of polls requires the engagement of a
large number of police and Central Armed Police Forces (CAPFs).
11. Regular engagement of security forces takes them away from their basic
responsibility of internal security management.
Challenges
Legal Feasibility
12. The biggest challenge will be to synchronise the terms of Assemblies and Lok
Sabha.
13. It may require an extension or curtailment of the terms of some state
assemblies, which will necessitate broader consensus for amending
constitutional and legal provisions.
14. As per the Section 14(2) and 15(2) of Representation of People Act, 1951
Election Commission (EC) can issue election notification at max six months
prior to the expiry of the normal term of the house (in case of no premature
dissolution)
15. Also, the Constitution of India requires that there shouldn't be a gap of more
than six months between two legislative sessions, making it mandatory for EC
to conduct an election within this timeframe once the house is dissolved.
16. Even if one-time synchronisation is achieved, maintenance of synchronised
elections isn t guaranteed because of possible premature dissolution of the
house as discussed earlier.
Political Issues
17. Simultaneous elections may mix up regional and national issues.
18. The federal structure might get compromised due to the possible domination of
national party democracy and regional parties may lose out in this format of the
political competition.
19. Frequent elections act as checks and balance on the functioning of the elected
representatives is absent.
Operational Challenges
20. Given the geographical extent and population size of the country, conducting
elections on such a massive scale may create logistical, security and manpower
challenges.
21. As per Election Commissioner O.P Rawat, this will require 24 lakh EVMs and
voter-verifiable paper audit trail (VVPAT) machines.
9. Make an assessment on the composition, functioning and the role of the

Election Commission of India in the conduct of free and fair elections.
1. Article 324 to 329 of the constitution deals with powers, function, tenure,
eligibility, etc of the commission.
2. The commission consists of one Chief Election Commissioner and two Election
Commissioners.
3. The President appoints Chief Election Commissioner and Election
Commissioners.
4. The Chief Election Commissioner can be removed from office only through a
process of removal similar to that of a Supreme Court judge for by Parliament.
5. Election Commission of India superintendents, direct and control the entire
process of conducting elections.
6. ECI to decide the election schedules for the conduct of periodic and timely
elections.
7. ECI to prepares electoral roll, issues Electronic Photo Identity Card (EPIC).
8. ECI issues the Model Code of Conduct in election for political parties and
candidates.
9. It sets limits of campaign expenditure per candidate to all the political parties.
10. It upholds the values enshrined in the Constitution.like, equality, impartiality,
independence; and rule of law in superintendence, and control over the electoral
governance.
10. What is Criminalisation of Politics?

1. According to the National Election Watch (NEW) and Association of Democratic
Reforms (ADR), in the Assembly elections in Assam, Kerala, Puducherry, Tamil
Nadu and West Bengal,at least 1,157 out of 6,318 candidates have criminal
cases against them
2. Section 8 of the representation of people’s act i.e. disqualification on conviction
for certain offences, according to which an individual punished with a jail term
of more than two years cannot stand in an election for six years after the jail
term has ended.

3. The Supreme Court in Ramesh Dalal vs. Union of India held that a sitting
Member of Parliament (MP) or Member of State Legislature (MLA) shall also be
subject to disqualification from contesting elections if he is convicted and
sentenced to not less than 2 years of imprisonment by a court of law.
4. Persons with Criminal background, accused of serious offences contesting
elections. Law commission recommendations
5. Expedite the cases filed against MPs and MLAs within one year
6. Punishment for ling false affidavits under Section 125A be increased to a
minimum of two years.
7. Conviction under Section 125A should be made a ground for disqualification
under Section 8(1) of the RPA, 1951.
8. The ling of false affidavits should be made a corrupt practice under Section 123
of the RPA.
9. According to the National Election Watch (NEW) and Association of Democratic
Reforms (ADR), in the Assembly elections in Assam, Kerala, Puducherry, Tamil
Nadu and West Bengal, at least 1,157 out of 6,318 candidates have criminal
cases against them
10. Section 8 of the representation of people’s act i.e. disqualification on conviction
for certain offences, according to which an individual punished with a jail term
of more than two years cannot stand in an election for six years after the jail
term has ended.

11. The Supreme Court in Ramesh Dalal vs. Union of India held that a sitting
Member of Parliament (MP) or Member of State Legislature (MLA) shall also be
subject to disqualification from contesting elections if he is convicted and
sentenced to not less than 2 years of imprisonment by a court of law.
12. Persons with Criminal background, accused of serious offences contesting

elections.
Law Commission Recommendations

13. Expedite the cases filed against MPs and MLAs within one year
14. Punishment for ling false affidavits under Section 125A be increased to a
minimum of two years.
15. Conviction under Section 125A should be made a ground for disqualification
under Section 8(1) of the RPA, 1951.
16. The ling of false affidavits should be made a corrupt practice under Section 123
of the RPA
SEPARATION OF POWERS
1. Why Separation of Powers is Necessary?

1. According to Montesquieu, separation of powers noted that person of one
branch should not discharge the functions of all other organs
2. In his book De L’Esprit des Lois ( the spirit of laws ) he wrote that executive
should not exercise the legislative or judicial powers because this may threaten
the freedom and Liberty of individuals
3. The legislative should never exercise the executive or judicial powers as this
may leadto arbitrariness and hence liberty.
4. It aims at eliminating arbitrariness, totalitarianism and tyranny and promote
an accountable and democratic form of government.
5. It prevents misuse of powers. If any provision is against the boundaries of the
constitution, then it will automatically be considered null, void,
unconstitutional.
6. It helps the respective allows all the branches to specialise themselves in their
respective field with an intention to enhance and improve the efficiency of the
government.
2. Discuss the provisions of the constitution for the separation of powers

1. The doctrine of separation of powers is a part of the basic structure of the
Constitution
2. Article 50 of the constitution (DPSP) puts an obligation over the State to
separate the judiciary from the executive.
3. Article 121 and art 211 provides that parliament and state legislature cannot
discuss the conduct of judges of Supreme Court and high court respectively.
They can do that only in case of motion for impeachment.
4. Art 361 provides immunity to president and governor from court proceedings
for their acts while in office.
3. Is executive becoming more powerful in India?

1. India adopted a parliamentary form of government. So there is executive
accountability to legislature
2. Executive is becoming powerful and the system of checks and balances is
weakening
3. majority of a single party in the LS has diminished the role of an effective
opposition in the Parliament, so executive accountability to the legislature has
diminished
4. According to data by PRS Legislative Research, while 60% of the Bills in the
14th LS and 71% in the 15th LS were referred to Department-related Standing
Committees (DRSCs), this proportion came down to 27% in the 16th LS. So
policies are being implemented without due scrutiny by the legislature and its
committees.
5. Weakening of public institutions like CIC and RTI
4. Challenges to doctrine of separation of powers

1. There is no strict separation of powers in India as judicial appointments are
made by the executive
2. President and Governor having judicial powers like power to pardon and
reprieve etc..
3. In the framework of administrative adjudication, executive agencies can hear
and decide cases involving particular fields. Ex CAT
4. There is judicial intervention to ensure effective checks and balances in the
executive functioning and protecting the constitution
5. Courts under art 13 to protect fundamental rights of the citizens and laws
derogatory to FRs shall be null and void
6. Article 32 and art 226 guarantees the right to move the SC and HC respectively
for the enforcement of FRs to issue writs for that purpose
7. Art 131 and 132 where Supreme Court intervenes in centre state disputes
through original and appellate jurisdiction.
5. Is the Constitution based on Strict Separation of Powers

1. Art 53(1) and art 154 of the constitution state that the executive powers of the
union and state vest in the president and governor respectively and shall only
be exercised directly by him.
2. Art 122 and art 212 of the constitution state that the courts cannot inquire in
the proceedings of parliament and state legislature to ensure that there will be
no interference of the judiciary in the legislature.
3. Art 105 and art 194 states that MPs and MLAs cannot be called by the court for
whatever they speak in the session.
4. Yet there is no strict separation of powers i.e there are overlapping provisions
art 123and art 213 of the constitution allows president and governor
respectively to issue ordinances when both the houses are not in the session
5. Art 73 specifies that powers of the executive shall be co extensive with that of
the legislature.
6. Art 72 provides that president can grant a pardon or suspend the sentences of
a person who is convicted by the court.
6. Constitutional provisions ensuring separation of power

1. Article 50: State shall take steps to separate the judiciary from the executive.
2. Article 121 and 211: Judicial conduct of a judge of the Supreme Court and the
High Courts’ cannot be discussed in the Parliament and the State Legislature.
3. Article 122 and 212: Validity of proceedings in Parliament and the Legislatures
cannot be called into question in any Court.
4. Article 361: the President or the Governor shall not be answerable to any court
for the exercise and performance of the powers and duties of his office.
Instruments of Checks & Balances Legislature Control

1. Impeachment and the removal of the judges. Power to amend laws declared
ultra viresby the Court and bringing them back to life
2. Through a no-confidence vote it can dissolve the Government. Power to assess
works of the executive through the question hour and zero hour.
3. Legislature can bring about impeachment of the President
Executive Control
1. Making appointments to the office of Chief Justice and other judges of Supreme
Court and HC (Though with the consultation of CJ ).
2. Powers under delegated legislation. Authority is bestowed upon the executive to
frame rules for regulating their procedure and conduct of business.
Judicial Control
1. Judicial review i.e. the power to review executive action to determine if it
violates the Constitution.
2. Limited power of the parliament to amend the constitution under art 368 is
defined underthe basic structure doctrine pronounced by the Supreme Court in
Keshavananda Bharati Case 1973.
7. Judicial Checks on Legislature and Executive Power?
Judicial check on legislature
1. Office of profit mentioned under Article 102 prevents the legislators from
encroaching on the executive role thus entering into a conflict of interest. For
example, Striking down of appointment of parliamentary secretaries ( appointed
by Delhi Government) by the Delhi High Court
2. The Judiciary can strike down legislations which are ultra vires of the
constitution using the doctrine of judicial review For example, Section 66 A of
the IT act (Shreya Singhal Case) was struck down.
3. The constitution bars legislators to discuss the conduct of the judges in
parliament and assembly under art 121 and art 211.
Judicial Check on Executive

1. The constitution provides for Article 13, 32 and 226 which implicitly mention
the doctrine of judicial review allowing the Supreme court to strike any
delegated legislation by the executive for example, Stay of Cattle slaughter
notification by Supreme court.
2. The executive actions must remain within the framework of the constitution
and the Judiciary ensures that rights of individuals are protected.
8. Ordinance Making Power and Separation of Powers?

1. Constitution under art 123 of the constitution provides for promulgation of
ordinances in certain situations. a) That is when only if at least one house of
parliament is not in session b) president is satisfied that immediate action is
necessary
2. In RC cooper vs union of India case, Supreme Court (1970) held that ordinance
could be challenged on the grounds of immediate action.
3. D.C Wadhwa case 1987 Supreme Court held that the legislative power of the
executive to promulgate ordinances is to be used under exceptional
circumstances and not a substitute for the law making power of the legislature
4. In Krishna Kumar Singh case 2017, Supreme Court stated that re-
promulgation of ordinances is a fraud on the constitution and a subversion of
democratic legislative processes
5. Successive governments have resorted to promulgation of ordinances, 25
ordinances have been promulgated from 2009-2014, and this jumped to 3.5 of
10 bills during 16th Loksabha
6. Even during the COVID lockdown 11 ordinances were promulgated.
CONSTITUTIONAL BODIES
Attorney General of India
1. Who Appoints The Attorney General And What Are Tye Terms Of His Office?
1. article 76 deals with attorney general
2. Attorney general is appointed by the president of India under art 76 of the
constitution
3. Art. 76 further states that he is the highest law officer of India.
4. The terms of office are not clearly stated in the constitution, they are fixed by
the president
5. His pay and emoluments are fixed by the president.
6. He holds office during the pleasure of the president.
7. Generally, he resigns when the erstwhile government is defeated.
2. What are the Functions of Attorney General of India?

1. The Attorney General is necessary for advising the government of India on legal
matters involving them.
2. They also perform other legal duties bestowed upon them by the president
3. AG has the right to an audience in all courts in India.
4. AG can participate in the proceedings of parliament without voting rights.
3. What Are The Limitations Imposed Upon Attorney General?

1. Unlike the attorney general of the USA, AG of India does not have any executive
authority, those functions are performed by union law minister.
2. AG is not a government servant and is not debarred from private legal practice
3. AG can’t defend accused in criminal proceedings.
4. AG can’t accept directorship of a company without the permission of the
government.
4. Attorney General Is The Chief Legal Advisor And Lawyer Of Government Of India.
Discuss.
1. Attorney General is necessary for advising the govt of India on legal matters
2. They also perform legal duties assigned to them by the president.
3. AG has the right of audience in all courts in india.
4. AG can participate in the parliamentary proceedings without having any voting
right under art 177
5. All the rights of AG as the highest law officer in the country are enshrined in
art 194, along with powers, privileges and immunities.
6. AG represents the GOI in any reference made by the president to the Supreme
Court under art 143
7. AG to appear on behalf of the GOI in all the cases in the SC or HC
National Commission for Scs
1. What are the Functions of NCSCs?

1. To investigate and monitor all matters relating to the safeguards provided for
SCs under the constitution
2. To enquire into specific complaints erg to deprivation of rights
3. To participate and advise on planning process of socioeconomic development of
SCs
4. To present report to the president, annually and at such other times as
commission may deem fit
5. To discharge such other functions in relation to SCs as the president may
desire.
6. NCSC is established with a view to provide safeguards against exploitation of
SCs and Anglo Indian community.
2. What is the Composition of NCSC?

1. It consists of a chairperson and a vice chairperson, 3 other members
2. They are appointed by the President by warrant under his hand and seal.
3. What are the Powers Of NCSC?

1. Summoning and enforcing the attendance of any person from any part of India
and examining him on oath.
2. Requiring the discovery and production of any document
3. Receiving evidence on affidavits
4. Requesting any public record or copy from any court or office.
5. Issuing commissions for the examination of witness or documents
4. Can NCSC enforce the implementation of Constitutional Reservation for the SCs
in the Religious Minority Institution?
1. Reservation for SCs and STs is mentioned in art 15(4) of the constitution
2. But art 15(5) clarifies that provisions for reservation of SCs doesn’t apply in
case of minority educational institutions.
3. Nevertheless, the central universities which are governed by MHRD and higher
educational institutions which receive funds from GOI are required to provide
15% seats to SC students and 7.5% to ST students.
4. If any such institution fall under the specified criteria then NCSC is well within
its rights to issue summons to university authorities.
5. What are the Functions Of NCSTs?

1. To investigate and monitor all matters relating to safeguards provided to STs
2. To inquire into specific complaints with respect to deprivation of rights.
3. To participate and advise on planning process of socioeconomic development of
STs
4. To submit a report to the president, annually and at such other times as

commission deem fit.
5. NCST also discharge functions like
6. Conferring ownership rights on minor forest produce
7. Safeguarding rights over mineral resources
8. Creating viable livelihood strategies
9. Improving efficacy of relief and rehabilitation.
10. Ensure effective implementation of PESA act 1996
6. What are the Powers Of NCSTs?

1. Summoning and enforcing attendance of any person from any part of India
2. Requiring the discovery and production of any documents
3. Receiving evidence on affidavits
4. Requesting any public record or copy from any court or office.
5. Issuing commissions for the examination of witness or documents
Election Commission
1. What is the Composition of EC?

1. Till 1989 Chief Election Commissioner was the sole member of EC.
2. Election commissioner amendment act 1989 made it a multi member body.
3. Presently it is a 3 member body with a chief election commissioner and two
election commissioners.
2. Constitutional Safeguards to ensure the Independent Functioning of Election

Commission.
1. Art 324 of the Indian constitution laid down election commission
2. There is security of tenure - can be removed on the same grounds as a judge of
Supreme Court
3. Service conditions of CEC can’t be varied to his disadvantage after his
appointment.
4. Any other election commissioner or a regional commissioner can’t be removed
from office except on the recommendation of CEC
5. In Mohinder Singh vs CEC and others case 1977, SC left scope for expansive
residuary powers
3. What are the Administrative and Advisory Functions of ECI?

1. EC has advisory jurisdiction in matters of post election disqualification of
sitting members of parliament and assemblies.
2. The cases of persons found guilty of election malpractices and corruption
during elections which come before the SC and HC are also referred to
commission for its opinion.
3. The opinion of commission in all such matters is binding on president.
4. What are the Quasi Judicial Functions of Election Commission?

1. EC has the power to disqualify a candidate who has failed to lodge an account
of his election expenses within time.
2. The commission has also the power for removing or reducing the period of such
disqualifications as also other disqualifications under law.
5. Constitutional Responsibilities of ECI?

1. Article 324 states that ECI is an autonomous constitutional body which
administers elections to
a. Loksabha
b. Rajya Sabha
c. State legislative assembly
d. State legislative councils
e. Office of president
f. Office of Vice President
6. What is the stand of election commission with regard to residential

qualification of members of Council of States?
1. The member should be in the list of electoral roll of any parliamentary
constituency.
7. What are the steps that the Election Commission may take if a recalcitrant State
Government wants to put off Assembly Election?
1. Mohinder Singh Gill vs ECI 1977, Supreme Court left scope for expansive
residuary powers.
2. Model code of conduct is enforced once the assembly election notification is
released.
3. Entire state administrative machinery works on the instructions issued by
election commission.
4. ECI recommendations to governor/ president are binding.
8. Constitutional provisions to ensure the Independence of Election Commission

in India.
1. Term of office -CEC of ECI shall hold office for a period of 6 years or till the
attainment of 65 years.
2. Security of tenure- president can suspend the chairman/members from
his/her office after reference has been made by to the Supreme Court
3. Conditions for removal were laid down in the constitution.
4. Service conditions of CEC shall not be amended after his appointment to his
disadvantage.
5. Expenses of ECI are charged on consolidated fund of India.
6. Ineligible for reappointment to the office
UPSC
1. What is Composition of UPSC?

1. UPSC comprises of chairperson and such other members as decided by the
president (constitution has not specified strength)
2. At least half of the members of commission should have held office for at least
10 years under government of India or government of any states.
2. The constitutional provisions to ensure the independence of the Public Service

Commission in India.
1. Term of office - member of UPSC shall hold office for a term of 6 years or till
attainment of 65 years
2. Security of tenure- president can suspend any member only after the reference
has been made to the Supreme Court.
3. Conditions for removal were clearly laid down in the constitution.
4. The service conditions of a member of UPSC. Shall not be amended after his
appointment to his disadvantage.
5. Expenses of public service commission are charged on consolidated fund of
india.
6. Ineligible for reappointment to office.
3. Procedure for removal of any member of UPSC

1. If he is adjudged insolvent.
2. If he engages in paid employment outside duties of office
3. If he is unfit due to infirmity of mind or mind or body in opinion of president of
India.
4. On the grounds of misbehavior - In this case president has to refer the case to
5. Supreme Court. Advice tendered by Supreme Court is binding on president.
4. It is consulted on the following matter-

1. Method of recruitment to civil services.
2. Principles to be followed in making appointments to civil services and posts in
making promotions.
3. Suitability of candidates for appointments to civil services and for promotions
and transfers from one service to other
4. All disciplinary matters affecting a person serving under government of India
5. Role of UPSC as a watchdog of the Merit System in India

1. Advise the when consulted, on promotion and disciplinary matters.
2. Role of UPSC is limited -UPSC is not concerned with classification of sources,
pay and service conditions and training etc..
3. These are handled by department of personnel and training.
4. Recommendations are only advisory in nature, not binding on the government -
only safeguard is answerability of government to parliament for departing from

recommendations.
5. Government can make rules to regulate the scope of advisory functions of
UPSC.
6. Emergence of the central vigilance commission affected the role of UPSC in
disciplinary matters.
Finance Commission
1. How is Finance Commission of India is Constituted?

1. Art 280 provides for a finance commission of India.
2. Finance commission is constituted every 5 years or at such earlier time as
president considers necessary.
3. Qualifications are not specified in the constitution, parliament specified them
in finance commission act 1951.
4. Members hold office for such a period as specified by the president. They are
eligible for reappointment
2. What are the terms of reference of 15th Finance Commission?

1. Distribution of net proceeds of taxes between union and states.
2. Principles which should govern grants in aid of revenues of states out of
consolidated fund of India
3. Measures needed to augment consolidated fund of state to supplement the
resources of panchayats and municipalities in the state.
3. Commission Shall Review

1. Current status of finance
2. Debt levels
3. Cash balances
4. Fiscal discipline efforts of union and states.
4. While making it’s recommendations Commission shall have regard, among

other Considerations
1. Commission will take into consideration of potential and fiscal capacity of
central and state governments’ tax and non tax revenues
2. Demand on resources of central government particularly on account of defence,
internal security, infrastructure, railways and climate change.
3. Demand on resources of states
4. Impact of goods and services tax
5. Impact on fiscal situation of union government due to enhanced tax devolution
to states.
5. Commission consider performance based incentives

1. Efforts in depending of tax net under GST
2. Efforts and progress made in controlling population growth.
3. Achievements in implementation of flagship schemes of GOI
4. Progress made in promoting ease of doing business
5. Commission shall use 2011 population data
6. Commission shall review present arrangements on financing disaster
management initiatives.
CAG
1. CAG Submits three audit reports to president

1. Audit report on appropriation accounts.
2. Audit report on finance accounts.
3. Audit report on public undertakings.
2. Role of CAG in ensuring the financial accountability of executive?

1. CAG is the guardian of public purse.
2. CAG submits three audit reports to President.
3. Audit report on appropriation accounts.
4. Audit report on finance accounts.
5. Audit report on public undertakings.CAG has more freedom in submitting his
views in audit report on finance accounts.
6. He acts as a guide, friend, and philosopher public accounts committee.
7. CAG submits his reports to president which intern laid down in Parliament.
8. PAC examines public expenditure not only from legal and formal point of view
to discover technical irregularities but also from the point of view of economy,
prudence, wisdom to bring out cases of waste, loss, corruption, extravagance,
inefficiency.
9. CAG is independent and he is answerable to parliament.
10. Fixed term of office, security of tenure, expenses of CAG are chargeable on
consolidated fund of India, CAG is ineligible for holding further office under
GOI.
3. Distinguish between auditing and Accounting Functions of CAG?

1. Accounting- An art of orderly keeping the records of monetary transactions and
preparation financial statements of companies/government.
2. Auditing- Analytical task involving independent evaluation of financial
information to express an opinion on fare view.
3. In 1976 CAG was relieved form accounting functions
4. Article 150 says that accounts of union and state shall be kept in such form as
president may on the advice of CAG prescribe.

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RRP MAINS 2021

RRP 2021 – Polity Ready Reckoner

RRP 2021– POLITY

Sl. No. Topic Page No.

1. Fundamental Rights, DPSP and Preamble 1 – 13

RRP 2021 – Polity Ready Reckoner

FUNDAMENTAL RIGHTS, DPSP, PREAMBLE

1. What is the Scope of Fundamental Rights?

Fundamental rights known as Magna Carta of the constitution enshrined in part 3 of

International covenants that govern rights

Limitations and Exception

Federal provisions with respect to fundamental rights

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2. What are the Reasons for the Expansion of Fundamental Rights?

Efforts from the judiciary

3. Supreme Court Judgments on Scope of Fundamental Rights:

Supreme Court on right to life

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8. Supreme Court also included right to clean environment as a fundamental right

4. Recent Events in which Rights of Citizens Challenged by the State.

5. Freedom of Speech and Movies as a Medium.

Parliamentary laws having an impact on movies.

Movies banned by the Government

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Judicial Interpretations and Restrictions

Supreme Court observations

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7. Freedom of Speech and Expression and Sedition.

Legal Provisions guiding sedition law.

8. Freedom of Speech and Expression and Section 66A of It Act.

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6. Supreme court also observed that it is against art 19 and art 21

9. Art 21 Expansion and Related Judgements.

Supreme Court judgements on right to life

24. Freedom of Religion and Secularism

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through 42nd amendment 1976.

Supreme Court on right to religion

11. Differences with Fundamental Rights Supreme Court Verdicts

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12. Are DPSPS Adequately Implemented in India.

13. Challenges in Implementing DPSPs:

24. Why and how DPSPS gained Preponderance Over FRS

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15. Recent Steps taken by Government of India to Implement DPSPS

16. Changed Interpretations of DPSPS before and after Emergency

17. Are DPSPS Adequately Implemented

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New Education Policy(2020) also includes early childhood care