Current Affairs UPSC

Why Do We Need A Constitution       Contents of the Chapter

• Specification of decision making powers
• Limitations on the powers of government
• Aspirations and Goals of a Society
• Fundamental identify of a people
• The Authority of a Constitution
• Mode of promulgation
• The Substantive Provisions of a Constitution
• Balanced institutional design
• The Principle of Deliberation
• Procedures
• Inheritance of the nationalist movement
• Institutional arrangements

    What is a constitution? What are its functions? What role doesitper formsociety? How does a constitution relate to our daily existence? The first function of a constitution is to provide a set of basic rules allow for minimal coordination amongst members of a society.   Specification of decision making powers A constitution is a body of fundamental that principles according to which a state is constituted or governed. But what should these fundamental rules be? And what makes-them fundamental? Well, the first question-you will have to decide is who gets to decide what the laws governing the society should be? You may want rule X, but others may want rule Y. How do we decide whose rules or preferences should govern us? You may think the rules you want everyone to live by are the best; but others think that their rules are the best. How do we resolve this dispute? So even before you decide what rules should govern this group you have to decide: Who gets to decide?   The constitution has provide an answer to this question. It specifies the basic allocation of power in a society. It decides who gets to decide what the laws will be. In principle, this question, who gets to decide, can be answered in many ways: in a monarchical constitution, a monarch decides; in some constitutions like the old Soviet Union/ one single party was given the power to decide. But in democratic constitutions, broadly speaking, the people get to decide. But this matter is not so simple, Because even if you answer that the people should decide, it will not answer the question: how should the people decide? For something to be law, should everyone agree to it? Should the people directly vote on each matter as the ancient Greeks did? Or should the people express their preferences by electing representatives? But if the people act through their representatives be elected? How many should there be? This is the function of the constitution. It is an authority that constitutes government in the first place.   In the Indian Constitution for example, it is specified that in most instances, Parliament gets to decide laws and policies, and that Parliament itself be organised in a particular manner Before identifying what the law in any given society is, you have to identify who has the authority to enact it. If Parliament has the authority to enact laws, there must be a law that bestows this authority on Parliament in the first place.   more...

  Philosophy of The Constitution       Contents of the Chapter

• Constitution as Means of Democratic Transformation
• Why do we need to go back to the Constituent Assembly?
• Individual freedom
• Social Justice
• Secularism
• Universal franchise
• Federalism
• National identity
• Procedural Achievements

    Some people believe that a constitution merely consists of laws and that laws are one thing, values and morality, quite another. Therefore/ we can have only a legalistic, not a political philosophy approach to the Constitution. It is true that all laws do not have a moral content, but many laws are closely connected to our deeply held values.   For example, a law might prohibit discrimination of persons on grounds of language or religion. Such a law is connected to the idea of equality. Such a law exists because we value equality. Therefore, there is a connection between laws and moral values. One should look upon the constitution as a document that is based on a certain moral vision, and adopt a political philosophy approach to the constitution. What do we mean by a political philosophy approach to the constitution? We have three things in mind.  

• First, we need to understand the conceptual structure of the constitution. What does this mean? It means that we must ask questions like what are the possible meanings of terms used in the constitution such as ‘rights’, ‘citizenship’, ‘minority’ or ‘democracy’?

   

• Furthermore, we must attempt to work out a coherent vision of society and polity conditional upon an interpretation of the key concepts of the constitution. We must have a better grasp of the set of ideals embedded in the constitution.

 

• Our final point is that the Indian Constitution must be read in conjunction with the Constituent Assembly Debates in order to refine and raise to a higher theoretical plane, the justification of values embedded in the Constitution. A philosophical treatment of a value is incomplete if a detailed Justification for it is not provided. When the framers of the Constitution chose to guide Indian society and polity by a set of values, there must have been a corresponding set of reasons. Many of them, though, may not have been fully explained.

  A political philosophy approach to the constitution is needed not only to find out the moral content expressed in it and to evaluate its claims but possibly to use it to arbitrate between varying interpretations of the many core values in our polity. It is obvious that many of its ideals are challenged, discussed, debated and contested in different political arenas, in the legislatures, in party forums, in the press, in schools and universities. These ideals are variously interpreted and sometimes wilfully manipulated to suit partisan short term interests. We must, therefore, examine whether or not more...

 Fundamental Rights in the Indian Constitution       Contents of the Chapter

• Right to Equality
• Right to life and personal liberty
• Preventive detention
• Rights of accused
• Freedom of faith and worship
• Equality of all religions
• Fundamental Duties of citizens
• Goals
• Policies
• Non-justiciable rights
• What do live Directive Principles contain?
• Right to Property
• Conclusion

    Right to Equality

• Equality before law
• Equal protection of laws
• Prohibition on discrimination on ground of religion
• Equal access to shops, bathing ghats, hotels etc.
• Equal of opportunity in employment
• Abolition of titles
• Abolition of untouchability

  Right to freedom of religion

• Freedom of conscience and profession;
• Freedom to manage religious affairs; freedom to give religious instructions in certain institutions

  Right against expoitation

• Prohibition of forced labour;
• Prohibition of employment of children in hazardous jobs

  Right to liberty and Personal freedoms Right to:

• Speech and expression
• Assemble peacefully
• Form association
• Move freely throughout the territory of India
• Reside and settle in any part of India Practice any profession or to carry on any occupation, trade or business.
• Right to life and liberty;
• Rights of the accused and convicts

  Culture and educational Rights of minority groups

• Protection of language, culture of minorities;
• Right of minorities to
• educational institutions

  Right to Constitutional remedy

• Right to move the courts for issuance of writs

  During our freedom struggle. the leaders of the freedom movements had realized the importance of rights and demanded that the British rulers should respect rights of the people. The Motilal Nehru committee had. demanded bill of rights as far as back as in 1928. It was therefore, natural that when India became independent and the Constitution was being prepared, there were no two opinions on the inclusion and protection of rights in the Constitution. The Constitution listed the rights that would be specially protected and called them ‘fundamental rights’.   The word fundamental suggests that these rights are so important that the Constitution has separately listed them and made special provisions for their protection. The Fundamental Rights are so important that the Constitution itself ensures that they are not violated by the government.   Fundamental Rights are different from other rights available to us. While ordinary legal rights are protected and enforced by ordinary law. Fundamental Rights are protected and guaranteed by the constitution of the country. Ordinary rights may be changed by the legislature by ordinary process of law making, but a fundamental right may only be changed by amending the Constitution itself. Besides this, no organ of the government can act in a manner that violates them. Judiciary has the powers and responsibility to protect the fundamental rights from violations by actions of the government. Executive as well as more...

 Executive       Contents of the Chapter

• WHAT ARE THE DIFFERENT TYPES OF EXECUTIVE?
• PARLIAMENTARY EXECUTIVE IN INDIA
• Power and position of President
• Discretionary Power of the President
• President’s role in Choosing the Prime Minister
• The Vice President of India
• Size of the Council of Ministers
• PRIME MINISTER AND COUNCIL OF MINISTERS

    EXECUTIVE In any organisation, some office holder has to take decisions and implement those decisions. We call this activity administration or management. But administration requires body at the top that will take policy decisions or the big decisions and supervise and coordinate the routine administrative functioning. You may have heard about the executives of bi companies, banks or industrial units. Every formal group has a body of those who function as the chief administrators or the executives of that organisation. Some office holders decide the policies and rules and regulations and then some office holders implement those decisions in actual day to-day functioning of the organisation. The word executive means a body of persons that look after the implementation of rules and regulations in actual practice.   In the case of government also, one body may take policy decisions and decide about rules and regulations, while the other one would be in charge of implementing those rules. The organ government that primarily looks after the function of implementation and administration is called the executive.   Executive is the branch of government responsible for the implementation of laws an policies adopted by the legislature. The executive is often involved in framing of policy. The official designations of the executive vary from country to country. Some countries have presidents/ while others have chancellors.   The executive branch is not just about presidents, prime ministers and ministers. It also extends to the administrative machinery (civil servants). While the heads government and their ministers, saddled with the overall responsibility of government policy, altogether known as the political executive, those responsible for day to day administration a called the permanent executive.   WHAT ARE THE DIFFERENT TYPES OF EXECUTIVE? Every country may not have the same type of executive. You may have heard about the President of the USA and the Queen of England. But the powers and functions of the President of the USA are very different from the powers of the President of India. Similarly, the powers of the Queen of England are different from the powers of the King of Nepal. Both India and France have prime ministers, but their roles are different from each other   To answer this question we will briefly outline the nature of executive existing in some of these countries. The USA has a presidential system and executive powers are in the hands of the president. Canada has a parliamentary democracy with constitutional monarchy where Queen Elizabeth It is the formal chief of state and the Prime Minister more...

Legislature       Contents of the Chapter

• Introduction
• Why do we need a Parliament?
• Why do we need to Houses of Parliament?
• Rajya Sabha
• Lok Sabha
• Powers of Rajya Sabha
• Special Powers of Rajya Sabha
• Instruments of Parliamentary Control

    INTRODUCTION Legislation are elected by the people and work on behalf of the people. Here you would study how elected legislature function and help in maintaining democratic government. You will also learn about the composition and functioning of the parliament and State legislature in India and their importance in democratic government.   Why do we need a Parliament? Legislation are elected by the people and work on behalf of the people. Here you would study how elected legislature function and help in maintaining democratic government. You will also learn about the composition and functioning of the parliament and State legislature in India and their importance in democratic government.   Why do we need a Parliament? Legislature is not merely a law making body. Lawmaking is but one of the functions of the legislature. It is the centre of all democratic political process. It is packed with action; walkouts, protests, demonstration, unanimity, concern and co-operation. All these serve very vital purposes; indeed, a genuine democracy is inconceivable without a representative, efficient and effective legislature. The legislature also helps people in holding the representatives accountable. This is indeed, the very basis of representative democracy.   Yet, in most democracies, legislatures are losing central place to the executive. In India too, the Cabinet initiates policies, sets the agenda for governance and carries them through. This has led some critics to remark that the Parliament has declined. But even very strong cabinets must retain majority in the legislature. A strong leader has to face the Parliament and answer to the Satisfaction of the Parliament. Herein lies the democratic potential of the Parliament It is recognized as one of the most democratic and open forum of debate. On account of its composition, it is the most representative of all organs of government. It is above all, vested with the power to choose and dismiss the government.   Why do we need two Houses of Parliament? The term ‘Parliament’ refers to the national legislature. The legislature of the States is described as State legislature. The Parliament in India has two houses. When there are two houses of the legislature, it is called a bicameral legislature. The two Houses of the Indian Parliament are the Council of States or the Rajya Sabha and the House of People of Lok sabha. The Constitution has given the States the option of establi-shing either a unica-meral or bicameral legislature. At present only five States have a bica-meral legislature?   Countries with large size and much diversity usually prefer to have two houses of the national legislature to give representation to all sections in the society and to give representation to all more...

 Judiciary       Contents of the Chapter

• Introduction
• Why do we need an independent Judiciary?
• Independence of Judiciary
• Appointment of Judges
• Structure of the Judiciary
• Original Jurisdiction
• Unsuccessful Attempt to Remove a Judge
• Write Jurisdiction
• Appellate Jurisdiction
• Advisory Jurisdiction
• Judiciary and Rights
• Judiciary and Parliament
• Conclusion

  INTRODUCTION Many times, courts are seen only as arbitrators in disputes between individuals or private parties. But judiciary performs some political functions also. Judiciary is an important organ of the government. The Supreme Court of India is in fact, one of the very powerful courts in the world. Right from 1950 the judiciary has played an important role in interpreting and in protecting the Constitution. In this chapter you will study the role and importance of the judiciary.   Why do we need an Independent Judiciary? In any society, disputes are bound to arise between individuals, between groups and between individuals or groups and between individuals or groups and government. All such disputes must be settled by an independent body in accordance with the principle of rule of law.   This idea of rule of law implies that all individuals- rich and poor, men or women, forward or backward castes-are subjected to the same law.   The principal role of the judiciary is to protect rule of law and ensure supremacy of law. It safeguards rights of the individual, settles dispute in accordance with the law and ensures that democracy does not give way to individual or group dictatorship. In order to be able to do all this, it is necessary that the judiciary is independent of any political pressures.   Independence of Judiciary Simply stated independence of judiciary means that

• The other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice.
• The other organs of the government should not interfere with the decision of the judiciary.
• Judges must be able to perform their functions without fear or favour.

  Independence of the Judiciary does not imply arbitrariness or absence of account- ability. Judiciary is a part of the democrat political structure of the country. It is therefore accountable to the Constitution, to the democrat traditions and to the people of the country.   The Indian Constitution has ensured the independence of the judiciary through a number of measures. The legislature is not involved in the process of appointment of judges. Thus, it was believed that party polities would not play a role in the process of appointments, in order to be appointed as a judge, a person must have experience as a lawyer and/or must be well versed in law. Political opinions of the person or his/her political loyalty should not be the criteria for appointments to judiciary.   The judges have a fixed tenure. They hold office till reaching more...

Local Governments       Contents of the Chapter

• Introduction
• Growth Local Government in India
• Local Governments in independent India
• 73rd and 74th Amendments
• 73rd Amendment
• Three Tier Structure
• Elections
• Subjects listed in the eleventh schedule
• Transfer of Subjects
• State Finance Commission
• 74th Amendment
• Implementation of 73rd and 74th amendments
• Conclusion

    INTRODUCTION In a democracy, it is not sufficient to have an elected government at the centre and at the State level. It is also necessary that even at the local level, there should be an elected government to look after look after local affairs.   Why local Governments? Both these stories are not isolated incidents. They are representative of a larger transformation that is taking place across India especially after constitutional status was accorded to local government institutions in 1993.   Local government is government at the village and district level. Local government is about government closest to the common people. Local government is about government that involves the day-to-day life and problems of ordinary citizens. Local government believes that local knowledge and local interest are essential ingredients for democratic decision making. They are also necessary for efficient and people- friendly administration. The advantage of local’ government is that it is so near the people. It is convention for the people to approach the local government for solving their problems both quickly and with minimum cost.   Democracy is about meaningful participation. It is also about accountability. Strong and vibrant local governments ensure both active participation and purposeful accountability. It is at the level of local government that common citizens can be involved in decision making concerning their lives, their needs and above all their development.   It is necessary that in a democracy, tasks, which can be performed locally, should be left in the hands of the local people and their representatives. Common people are more familiar with their local government than with the government at the State or national level. They are also more concerned with what local government does or has failed to do as it has a direct bearing and impact on their day-to-day life. Thus, strengthening local government is like strengthening democratic processes.   Growth of Local Government in India Let us now discuss how local government has grown in India and what our Constitution says about it. It is believed that self-governing village communities existed in India from the earliest times in the form of ‘sabhas’ (village assemblies). In the course of time, these village bodies took the shape of Panchayats (an assembly of five persons) and these Panchayats resolved issues at the village level. Their role and functions kept on changing at different points of time.   In modem times, elected local government bodies were created after 1882. Lord Rippon, who was the Viceroy of India at that time, took the initiative in creating these bodies. They were called the local boards. more...

 Elections and Democracy       Contents of the Chapter

• Proportional Representation
• How does PR work in Rajya Sabha elections
• Total Votes polled
• Why did India adopt the First system?
• RESERVATION OF CONSTITUENCIES
• FREE AND FAIR ELECTIONS
• Universal franchise and right to contest
• Independent-Election Commission
• Special Majority

    All citizens cannot take direct part in making every decision. Therefore, representatives are elected by the people. This is how elections become important. Whenever we think of India as a democracy, our mind invariably turns to the last elections. Elections have today become the most visible symbol of the democratic process. We often distinguish between direct and indirect democracy.   A direct democracy is one where the citizens directly participate in the day-to-day decision making and in the running of the government. The ancient city-states in Greece were considered examples of direct democracy.   Many would consider local governments, especially gram sabhas, to be closest examples of direct democracy. But this kind of direct democracy cannot be practiced when a decision has to be taken by lakhs and crores or people, That is why rule by the people usually means rule by people’s representatives.   In such an arrangement citizens choose their representatives who, in turn, are actively involved in governing and administering the country. The method followed to choose these representatives is referred to as an election. Thus, the citizens have a limited role in taking major decisions and in running the administration.   They are not very actively involved in making of the policies. Citizens are involved only indirectly, through their elected representatives. In this arrangement, where all major decisions are taken by elected representatives, the method by which people elect their representatives becomes very important.   Election system in India: To Understand it better, let us look one dramatic instance.   In the Lok Sabha elections of 1984, the Congress party came to power winning 415 of the 543 Lok Sabha seats - more than 80% of the seats. Such a victory was never achieved by any party in the Lok Sabha. What did this election show?   The Congress party won four-fifths of the seats. Does it mean that four out of five Indian voters voted for the Congress party? Actually not. Take a look at the enclosed table. The Congress party got 48% of the votes. This means that only 48% of those who voted, voted in favour of the candidates put up by the Congress party, but the party still managed to win more than 80% of the seats in the Lok Sabha. Lok at the performance of other parties. The BJP got 7.4 percent votes but less than one per cent seats. How did that happen? This happened because in our country we follow a special method of elections. Under this system:  

• The entire country is divided Into 54.3 constituencies;
• Each constituency elects one more...

 Center State Relation       Contents of the Chapter

• Legislative Relations
• Union’s Power to Legislate on States’ Subjects
• Administrative Relations
• Union Power to Give Directions to States
• Water Disputes
• Responsibility of the Union
• Role of Governors
• Judicial System
• State Government’s Power
• Financial Relations
• Fiscal Matters
• Sarkaria Commission
• Composition of committee
• Members
• Finance Commission
• Planning Commission
• Controversy

    The Constitution of India provides a dual polity with a clear division of powers between the Union and the States, each being supreme within the sphere allotted to it. The States in India are not the creation of the Centre nor do they draw their authority from the Union Government. On the other hand, like the Union Government, they draw their authority directly from the Constitution and are free to operate in the field allocated to them by the Constitution. At the outset, it may be noted that the Constitution of India has made most elaborate provisions regarding relationship between the Union and the States. This was done with a view to minimize the conflicts between the Centre and the States. But the actual Operation of the Centre-State relations for all these years has given rise to a controversy about the wisdom of arrangements made under the Indian Constitution. Critics have expressed doubts about the existing arrangements and demanded reallocation and adjustment of the Centre-State relations. The relations between the Centre and the States can be conveniently studied under the following categories.   LEGISLATIVE RELATIONS  

• The Union State relations in the legislative sphere have been dealt by Articles 245 to 254. The Constitution clearly provides that the Parliament shall have exclusive jurisdiction to make law for the whole or any part of the territory of India with regard to subjects mentioned in the Union List. This list contains 97 subjects like defence, foreign affairs, currency, union duties, communication, etc.

 

• On the other hand, the State enjoys exclusive power over the 66 items enumerated in the State List. This List contains subjects like public order, health, sanitation, agriculture etc. In addition, there is a Concurrent list containing 47 subjects like criminal law and procedure, marriage, contracts, trust, social insurance etc. over which both the Union and the State Governments can legislate.

 

• The constitution also vests the residuary powers (viz., enumerated in any of the three Lists) with the Central Government. It may be noted that in this distribution of powers, the Union Government has certainly been given a favoured treatment. It has not only been granted more extensive powers than the States, even the residuary powers have been granted to it contrary to the convention in other federations of the world, where the residuary powers are given to the States.

 

• If the law of the Union Government and the State Government come into clash with more...

Emergency Provisions       Contents of the Chapter

• National Emergency (Art. 352)
• Executive Powers of the Union During Emergency
• Proclamation of President’s Rule (Art. 356)
• Financial Emergency (Art. 360)

    The term ‘Emergency’ may be defined as “a difficult situation arising suddenly and demanding immediate action by public authorities under powers specially granted to them by the Constitution or otherwise to meet such exigencies”.   Types of Emergency  Broadly, the Emergency provisions of the Constitution envisage two kinds of emergencies, viz.  

• A National Emergency under article 352 due to threat of war, external aggression or armed rebellion and

 

• Financial Emergency under article 360.

  The third kind of situation, that is, the one under article 356 arising from a failure of the constitutional machinery in any particular State and necessitating President’s rule.:   NATIONAL EMERGENCY (ART. 352) Article 352 provides that if that if the President, after receiving a written communication of a Cabinet decision, is satisfied that a grave emergency exists whereby the security of India or any part thereof is threatened by war, external aggression or armed rebellion, he may issue a Proclamation of Emergency for the whole of India or part thereof. Every Proclamation of Emergency is required to be laid before each House of Parliament, and is to be laid before each House of Parliament, and is to cease to operate at the expiration of one month from the date of its issue by the President unless it has in the meantime been approved by resolutions both the House. However, one approved by Parliament, the Proclamation may continue in operation for six months at a time unless revoked by the President earlier by a subsequent Proclamation. Resolutions approving the Proclamation of Emergency or its continuance have to be passed by either House of Parliament by a majority of the total membership and not less than two third of those present and voting. Also, if the Lok Sabha passes a resolution disapproving the Proclamation or its continuance, it shall be revoked forthwith. If notice of a resolution signed by not less than one-tenth of the total membership is given to the President Speaker, a special sitting of the House shall be held within 14 days to consider it. During the periods of Emergency, extraordinary powers may be assumed by the Union Government.     Executive Power of the Union During Emergency Article 353, read with article 365 provides that once Emergency is proclaimed, the executive power of the union extend to giving of directions to any State in regard to the exercise of the executive power of the State and failure to comply with the directions would constitute enough justification for imposition of President’s rule under Article 356. During the operation of Emergency, the legislative power of Parliament also extends to conferring powers more...