Assignment Code: BPSC-102/ /ASST/TMA/2022-23

Course Code: BPSC-102

Assignment Name: Constitutional Government and Democracy in India

Year: 2022-2023

Verification Status: Verified by Professor

Answer all questions in the three Assignments and submit them together.

Assignment - I

Answer the following in about 500 words each.

Q1. Elaborate upon Philosophical premises of the Indian Constitution. 20

Ans) The underpinnings of the philosophical premises of the Indian Constitution are as follows:

Sovereignty: When the Constitution's framers envisioned the future polity for India, they placed the utmost importance and priority on the country being fully sovereign, with the people holding the supreme power of the state and all of the Union's and the States' organs and functionaries deriving their authority solely from the Indian people.

Democratic Value: The ideology of democracy and democratic value, which included giving the voice of every person equal weight, was what the framers of the Indian Constitution in the Constituent Assembly were most drawn to.

Consensus-based decision-making: According to Granville Austin, the Assembly generally supported the consensus principle. It appealed to the leadership as a moral and practical means of coming to a lasting compromise and to the rank and file as a native institution that was suitable for the drafting of an Indian Constitution. The federal and linguistic clauses may be the best examples of decision-making by consensus.

Principle of Accommodation: According to Austin, India's initial contribution to constitution-making was the principle of Accommodation, which is the capacity to reconcile notions that appear to be irreconcilable. The federal and unitary systems, the Commonwealth membership and republican status of the government, the requirements for Panchayat Raj, and the requirement for a powerful central government have all been reconciled.

Art of Selection and Modification: The Constituent Assembly was not merely copying; borrowing from various political systems did not deprive the Assembly of its freedom of choice, and the borrowed laws had to be modified to fit Indian conditions. Austin cites the process of a constitutional amendment, which made the Constitution flexible while also defending the rights of the States, as an illustration of selection and modification. They have performed better than any other nation's amendment procedure when the Constitution is based on both federalism and the British parliamentary system.

Fundamental Rights: Vallabhbhai Patel, in particular, is responsible for the Indian Constitution's inclusion of the fundamental rights as a set of legally enforceable rights to free expression for all citizens.

Secular State: The idea of fostering an environment that allows Indian citizens to fully exercise their rights was supported by the secularism principle. The Constituent Assembly's part that was dominated by Congress and was adamant that India should be a secular state was largely responsible for establishing this notion of a secular state.

Socialism: Vallabhbhai Patel's conservative influence was mostly responsible for preventing the Constitution from having more socialist provisions than it does.

Reservation for the Minorities: In keeping with the accommodation principle, the Constituent Assembly also had a philosophical bent toward making accommodations for the society's minorities. The formulation of this idea was greatly aided by the participation of two women in the Constituent Assembly. The idea that all minorities are a vital part of India and require protections in the form of reservation was championed by Amrit Kaur and Begum Aizaz Rasul.

Adult Franchise: As a matter of faith, the Constituent Assembly voted to provide the adult franchise. Jawaharlal Nehru and Rajendra Prasad were the important figures in ensuring that every person had the right to vote and the adult franchise to choose their representatives.

Q2. Explain the Division of Powers between the Union and Federal Units in the Constitution of India. 20

Ans) The history of how the contemporary nation-state evolved and its administrative structure are conceptually related to the division of power. Essentially, it was written with the concept of separation of powers. According to the Indian Constitution, the following powers are divided between the Union and the Federal Units:

In actuality, the federating states sign an agreement, establish a national state, and draught the laws that would govern their interactions. The precise line that is drawn to divide the issues that affect the entire federation depends on the beliefs of the parties to the agreement regarding the relative roles of the federating states and the national government. Additionally, it depends on how the federating states perceive the geographical, economic, social, and other issues that are truly of common interest in their respective contexts. However, once it has been defined and determined by the federating agreement, maintaining it is fundamental to federalism.

The Union List: There are 97 things on the Union List. Of the three lists, it is the longest. It covers topics like citizenship, extradition, railways, shipping and navigation, airways, posts and telegraphs, telephones, wireless and broadcasting, currency, foreign trade, interstate trade and commerce, banking, insurance, control of industries, regulation and development of mines, mineral and oil resources, elections, audit of Government Accounts, constitution and organ Regarding the things on this list, Parliament alone has the authority to pass legislation.

The State List: There are 66 items on the State List. Public order, police, administration of justice, prisons, local government, public health and sanitation, education, agriculture, animal husbandry, water supplies and irrigation, forests, fisheries, moneylending, the State Public Service Commission, land revenue, taxes on agricultural income, taxes on lands and buildings, estate duty, taxes on electricity, taxes on vehicles, taxes on luxuries, etc. are some of the most crucial of these things. These objects were chosen based on local interest, and it is possible that various items will be treated differently in different States of the Union.

The Concurrent List: There are 47 items on the Concurrent List. These are issues where it is preferable but not necessary for Union-wide legislation to be uniform. They are consequently placed under the control of both the Union and the States. Marriage, divorce, transfers of non-agricultural property, contracts, bankruptcy and insolvency, trustees and trusts, civil procedure, contempt of court, adulteration of food, drugs and poisons, economic and social planning, trade unions, security, labour welfare, electricity, newspapers, books and printing presses, stamp duties, etc. are all included on the list. The items in this list are subject to concurrent legislative authority by the Indian Parliament and state legislatures.

Assignment - II

Answer the following questions in about 250 words each.

Q1. Discuss different types of emergency provisions in the Indian Constitution. 10

Ans) There are three kinds of emergency and they are listed below:

National Emergency (Article. 352)

Every declaration of a similar emergency must be presented to each House of Parliament. At the end of one month from the date of the proclamation, if both chambers of Parliament have not approved it, it will no longer be in effect. If, at the time of such a proclamation, the House of the People has already been dissolved or if its dissolution occurs within one month of the proclamation, and if the Council of States has approved the resolution but the House of the People has not, the proclamation will expire thirty days after the date on which the house first convened after it was reconstituted. However, if a resolution to this effect is passed by both Houses of Parliament, the need of the thirty-day expiration period is not applicable.

State Emergency (Article. 356)

A state of emergency is imposed when the state's constitutional machinery malfunctions. The governor of the state speaks for the President or the centre even though the President issues the proclamation. This is frequently referred to as central rule in the states. The Governor grants the President legislative and executive power. However, his authority does not extend to the judicial branch.

Financial Emergency (Article. 360)

According to Article 360, a financial emergency may be proclaimed when there is financial instability in India or any part of it. In India, no financial emergency has been proclaimed. In India, the Parliament must give its consent within two months of the declaration of a financial emergency. The lower house will cease to exist thirty days after its first meeting following its reconstitution if it is dissolved at the time a financial emergency is declared. In a financial emergency, the President has the power to reduce the compensation of all federal workers, including judges on the Supreme Court and the High Court.

Q2. What were the recommendations of the Sarkaria Commission? Explain. 10

Ans) The Sarkarian commission favoured a strong Centre as the only safeguard to national integrity. The recommendations of the Sarkaria Commission are as follows:

1. It was proposed that the Concurrent List be utilised for purposes other than taxation and that Parliament should retain the residual authority for laws pertaining to taxation. However, it objected to the Union government's efforts to expand its authority.

2. In accordance with Article 263 of the Constitution, the Commission also recommended establishing a permanent Inter-State Council as a platform for discussing many of the issues that concern common Union-State interests. Its goal was to promote an equitable power-sharing arrangement in India.

3. When the Union intended to undertake legislation about a matter on the Concurrent List, it was suggested that prior consultation with the State governments, both individually and collectively, take place with the Inter-Governmental Council, which should be established under Article 268.

4. It was also suggested that only those with a high degree of integrity be picked to hold the office of governor of states, and that Article 356 should only be employed as a last resort after all other measures had failed. The application of Article 356 to impose President rule on states should be subject to judicial review.

5. Additionally, it recommended changing the tax and duty levying authority's operational viability, rewriting the Constitution to divide corporation tax between the Union and the States, and changing the Inter-State River Water Dispute to mandate the establishment of a tribunal by the Union government. The tribunal had to be constituted after receiving a State's application within a year, and it had to make its rulings effective within five years.

Q3. Explain the special provisions under the Fifth and Sixth Schedules of the Constitution. 10

Ans)The provisions of the Fifth and Sixth Schedule of the Constitution are as follows:

Fifth Schedule

According to the Fifth Schedule's provisions, the Governors of the States with Scheduled Areas are given a wide range of powers and responsibilities for managing and controlling the Scheduled Areas.

1. Declare that the entire Scheduled Area or a specific area within it will no longer be a Schedule Area.

2. A state's governor must be consulted prior to any Scheduled Area's expansion.

3. Whenever a new State is admitted to the Union or a current State is founded, any territory that was not formerly a part of any State should be declared to be, or to be a Scheduled Area.

4. Reverse any order or orders issued under this clause with respect to any state or states, and, working with the governor of that state, establish new regulations that re-define the areas that are to be Scheduled Areas.

Sixth Schedule

1. The most important provision of the Sixth Schedule provides that the tribal areas shall be administered as autonomous districts and autonomous regions. The Sixth Schedule grants the Governor of the State the authority to select the region or regions that would act as the administrative hubs for the Autonomous Districts and Autonomous Regions.

2. The sixth schedule calls for the creation of autonomous district councils and regional councils with distinct legislative, executive, judicial, and budgetary powers. These District Councils and Regional Councils, however, have various administrative duties that vary from State to State.

3. Rules regarding land use, forestry management, agricultural use of canals or waterways, regulation of jhum and other forms of shifting cultivation, establishment and management of village or town committees, appointment or succession of chiefs or headmen, inheritance of property, marriage and divorce, and social customs may be made with the prior consent of the Governor.

4. The requirements of the Sixth Schedule confer certain financial authority to the District and Regional Councils.

Assignment - III

Answer the following questions in about 100 words each.

Q1. Write a brief note on Balwant Rai Mehta Committee. 6

Ans) A state-wide survey was undertaken by the Balwant Rai Mehta Committee, which found that the National Extension Services and Community Projects lacked public participation. They also operated in ad hoc ways. The Balwant Rai Mehta Committee suggested the creation of democratic institutions in villages, known as village panchayats, to get around this restriction. Additionally, it was suggested in the Balwant Rai Mehta Committee Report that the local panchayats should have been given sufficient authority and funding. To address the shortcomings of the Community Development Programmes and Extension Services Programmes, the Balwant Rai Mehta Committee advocated methods for "democratic decentralisation". It was suggested that the Panchayat Samiti, which is at the intermediate level, should hold the power for development.

Q2. Discuss the special powers and functions of the Rajya Sabha. 6

Ans) The special powers and functions of the Rajya Sabha are as follows:

The Rajya Sabha has the authority to pass a resolution with the support of two thirds of its members designating an item on the State List as something of national importance. Declare the item on a State List as being of national importance. Such a resolution gives the Union's Parliament the authority to pass laws regarding that state issue for a year. The Rajya Sabha may approve such resolutions more than once.

Rajya Sabha reserves the right to launch one or more new All India Services and the right to terminate any existing ones. A resolution approved by a two-thirds majority and based on the public interest can be passed to accomplish this. Similar to how it can terminate services now in place across India, Rajya Sabha can do the same.

Q3. What are the powers of the Speaker of the Lok Sabha? 6

Ans) The powers of the Speaker of the Lok Sabha are as follows:

1.  

2. In the absence of a quorum, he has the authority to suspend a meeting or the House altogether. He is in charge of the joint session of the two chambers of Parliament. At the Leader of the House's request, he or she may provide permission for a private residence.

3. Maintains décor and order in the home by conducting business and exercising control over the situation.

4. Administrative Responsibilities: You are able to manage the Lok Sabha Secretariat. appoints the Secretariat's employees, sets the ground rules for their conduct, and supervises their work. He is in charge of documenting the actions taken in the House.

Q4. What is the procedure for removing a judge of the Supreme Court? 6

Ans) The procedure for removing a judge of the Supreme Court is as follows:

A motion for impeachment can be used to remove a Supreme Court justice. In accordance with this method, a resolution must be approved by the two thirds of the members who are present and voting in each chamber of the Parliament. Impeachment proceedings can be started in either house of parliament, but they require approval from at least two-thirds of the chamber's whole membership. The President is automatically removed from office as of the day the resolution was passed if the other House examines the allegation and finds him guilty by a vote of two-thirds of that house. In order to prevent the Parliament from abusing its power, the process for ousting the President is complicated. No Indian President has ever been impeached as of yet.

Q5. What are the qualifications for a member of the Indian Parliament? 6

Ans) The qualifications of a member of the Indian Parliament is as follows:

1. Every adult who has reached the age of 18 is eligible to vote in the Lok Sabha elections, which are based on the adult franchise.

2. The winner of the election is the contender with the most votes.

3. The Lower House has a five-year term. The President may, however, disband it earlier.

4. An individual must be an Indian citizen and be at least 25 years old in order to serve in the Lok Sabha.

5. The individual must also meet all other requirements outlined by the law.

6. Any parliamentary district in any of India's States is open to candidates.