Assignment Code: BPSC-102/ASST/TMA/2023-24

Course Code: BPSC-102

Assignment Name: Constitutional Government and Democracy in India

Year: 2023-2024

Verification Status: Verified by Professor

Assignment - I

Answer the following in about 500 words each. Each question carries.

Q1) Elaborate upon the key characteristic features of Fundamental Rights.

Ans) Fundamental Rights are the cornerstone of any democratic society, ensuring that individuals have certain inalienable rights protected by the constitution. These rights are crucial as they guarantee the basic freedoms necessary for the development of an individual and the preservation of human dignity. Elaborating on the key characteristic features of Fundamental Rights involves understanding their nature, significance, and the key elements they embody.

a)     Inalienable and Universal: Fundamental Rights are inherent to individuals by virtue of being human. They are inalienable, meaning they cannot be taken away or surrendered. They are not privileges granted by the state but are guaranteed to all citizens without discrimination based on race, religion, gender, caste, creed, or any other grounds. These rights are universal and apply to everyone within the jurisdiction of a country.

b)     Enforceability and Justiciability: Fundamental Rights are legally enforceable, allowing individuals to approach the courts if these rights are violated by the state or any other entity. The judiciary acts as a guardian of these rights, ensuring their protection and providing remedies in case of infringement. Courts have the power to issue writs for the enforcement of these rights, making them justiciable.

c)     Protection against State Action: One of the critical characteristics of Fundamental Rights is that they serve as a check on state power. They impose limitations on the state's authority and prevent it from arbitrarily encroaching upon an individual's liberties. These rights act as a safeguard against governmental excesses and ensure that the state functions within the bounds of the constitution.

d)     Diverse and Comprehensive: Fundamental Rights encompass a wide range of liberties and protections. They include civil rights (such as the right to equality, freedom of speech, and right to life), political rights (like the right to vote and participate in governance), social rights (such as the right to education and health care), and economic rights (like the right to work and livelihood). This comprehensive nature aims to secure not only the civil and political freedoms but also socio-economic justice for all citizens.

e)     Dynamic and Evolving: Fundamental Rights are not static; they evolve with changing societal norms, advancements, and interpretations by the judiciary. As societies progress, there might be a need to expand or reinterpret existing rights to ensure their relevance and effectiveness in contemporary times. For instance, advancements in technology might lead to discussions about the right to privacy in the digital age.

f)      Balancing Rights and Duties: While individuals are entitled to Fundamental Rights, they also have corresponding duties towards society and the state. These rights are not absolute and may be subject to reasonable restrictions in the interest of public order, morality, security, and the rights of others. The state has the responsibility to strike a balance between protecting rights and maintaining the welfare of society as a whole.

Fundamental Rights form the bedrock of a democratic society, ensuring that individuals have the necessary freedoms to lead a dignified life. Their characteristics reflect not only the essence of human liberties but also the delicate balance between individual rights and the collective welfare of society. The constant vigilance and interpretation of these rights are crucial to uphold their sanctity and relevance in an ever-changing world.

Q2) Discuss the different types of emergencies in the Indian Constitution.

Ans) In the Indian Constitution, provisions are made for three different types of emergencies, each intended to address distinct situations that might threaten the governance, security, or integrity of the country. These emergencies, outlined in Part XVIII of the Constitution (Articles 352 to 360), grant specific powers to the central government in times of crisis.

a)    National Emergency (Article 352):

National Emergency, also known as 'State of Emergency,' is the most comprehensive and powerful of the three types. It can be declared on the grounds of "war, external aggression, or armed rebellion" that threaten the security of India. This declaration vests extraordinary powers in the hands of the President, allowing the central government to take measures necessary for dealing with the emergency. These measures can include a suspension of fundamental rights (except those under Articles 20 and 21) and the extension of the tenure of the Lok Sabha (the lower house of the Parliament) beyond its normal term.

The proclamation of a National Emergency must be approved by the President, and it must be laid before both houses of Parliament for approval within one month. The emergency can be extended indefinitely with the approval of Parliament every six months.

b)   State Emergency (President's Rule) (Articles 356 and 365):

State Emergency, commonly referred to as 'President's Rule,' deals with the failure of the constitutional machinery in a state. It can be declared when the state government is unable to function as per the provisions of the Constitution, either due to reasons like the breakdown of law and order or the incapacity of the government to carry out its constitutional duties. In such cases, the President, based on the report of the Governor of the state or otherwise, can assume direct control over the state's governance.

The President can dissolve the state legislative assembly and impose direct central rule or take any other measures deemed necessary. However, the proclamation must be approved by both houses of Parliament within two months and remains effective for a maximum of six months, extendable in six-month intervals with parliamentary approval, for a total period not exceeding three years.

c)    Financial Emergency (Article 360):

Financial Emergency empowers the President to proclaim a state of financial emergency if they are satisfied that the financial stability or credit of India or any part thereof is threatened. This provision has never been invoked since the inception of the Constitution in 1950. If declared, the President can issue directions to the states to follow certain financial principles or priorities, curtail or restrict trade, commerce, or the consumption of certain commodities.

Similar to other emergencies, the proclamation of a Financial Emergency must be approved by both houses of Parliament within two months and can be extended indefinitely in six-month intervals with parliamentary approval.

These emergency provisions aim to grant the central government exceptional powers to deal with critical situations that jeopardize the sovereignty, security, or stability of the nation or any of its constituent states. However, these provisions are also subject to scrutiny, ensuring that their usage remains within the constitutional framework and is not abused for political purposes.

Assignment - II

Answer the following questions in about 250 words each. Each question carries.

Q1) What is the meaning and significance of the Preamble?

Ans) The Preamble of a constitution is an introductory statement that outlines the fundamental values, aims, and objectives that the constitution seeks to achieve. In the Indian context, the Preamble is a concise statement that embodies the spirit of the Constitution and reflects the aspirations and ideals of the people of India.

a)    Meaning of the Preamble:

The Preamble serves as a guiding light and an ideological compass for the interpretation and implementation of the Constitution. It declares India as a sovereign, socialist, secular, democratic republic and highlights justice, liberty, equality, and fraternity as core values. It also emphasizes the need to secure justice, liberty, and equality for all citizens and promote fraternity to ensure unity and integrity among the diverse people of India.

b)   Significance of the Preamble:

1)      Expresses Sovereignty: The Preamble proclaims India as a sovereign nation, free from external control or influence, capable of making decisions independently.

2)     Reflects Democratic Principles: It establishes India as a democratic republic, acknowledging the power residing with the people and their right to elect representatives.

3)     Defines Objectives: The Preamble outlines the objectives of the Constitution, setting the goals of justice, liberty, equality, and fraternity as fundamental to the governance of the country.

4)     Provides a Framework for Interpretation: Courts refer to the Preamble while interpreting ambiguous provisions of the Constitution. It helps in understanding the underlying spirit and purpose of the Constitution.

5)     Inspires and Guides Governance: The Preamble serves as an inspiration for the government and citizens to align their actions and policies with the fundamental values enshrined in the Constitution.

The Preamble, while not enforceable in a court of law, holds immense significance as it encapsulates the foundational principles and aspirations upon which the entire constitutional framework of India is built. It represents the collective vision and commitment of the framers of the Constitution towards building a just, egalitarian, and unified nation.

Q2) Examine the importance of the division of powers for a federal polity.

Ans) The division of powers is a fundamental principle in a federal polity, crucial for maintaining a balance between central authority and regional autonomy. Here's an examination of its significance:

a)     Safeguarding against Tyranny: Division of powers ensures that no single entity, whether central or regional, becomes excessively dominant. By distributing powers between the central government and the states or provinces, it creates a system of checks and balances, preventing the concentration of power that could lead to authoritarianism or tyranny. This balance helps maintain democratic principles and prevents the abuse of authority.

b)     Promotion of Diversity and Local Autonomy: In a federal setup, different regions often have diverse cultures, languages, and needs. Dividing powers allows states or provinces to address local issues more effectively, tailoring policies to suit their specific requirements. This promotes regional autonomy, fosters cultural diversity, and enables experimentation with governance models, fostering innovation and progress.

c)     Effective Governance and Responsiveness: The division of powers enables governments to focus on specific areas of administration. While the central government handles national concerns like defense and foreign policy, state governments can focus on local matters such as education, health, and infrastructure. This specialization often leads to more efficient governance as authorities are closer to the problems and can respond more promptly to local needs.

d)     Prevention of Conflict and Dissent: Clear demarcation of powers minimizes conflicts between different levels of government. It establishes legal boundaries, reducing ambiguity and potential disputes over jurisdiction. Well-defined roles and responsibilities of each level of government help in avoiding clashes, enhancing cooperative federalism, and fostering better relationships between central and regional authorities.

e)     Constitutional Stability and Unity: The division of powers is often enshrined in a country's constitution, providing a framework for governance. This stability ensures the unity of the nation while respecting regional identities. It allows for a shared identity as a nation while celebrating the diversity of its regions, contributing to a stronger and more cohesive country.

In essence, the division of powers in a federal polity is pivotal in maintaining a balance between centralized authority and regional autonomy. It fosters democracy, efficiency, cooperation, and stability within a country, thereby promoting effective governance and ensuring the well-being of its citizens.

Q3. Explain the functions and jurisdiction of the Supreme Court.

Ans) The Supreme Court of India, as the apex judicial body in the country, holds several critical functions and a wide-ranging jurisdiction that plays a pivotal role in upholding the Constitution and ensuring justice across the nation.

a)    Functions of the Supreme Court:

1)      Guardian of the Constitution: Its primary function is to interpret and safeguard the Constitution. The Court ensures that laws passed by the Parliament and state legislatures adhere to the constitutional provisions.

2)     Protector of Fundamental Rights: It acts as a protector of fundamental rights by providing a platform for individuals to seek remedies if their rights are violated. Through its writ jurisdiction, it safeguards citizens' liberties.

3)     Appellate Jurisdiction: The Supreme Court hears appeals from lower courts and tribunals. It has the authority to review judgments and orders of the High Courts and other lower courts.

4)     Advisory Jurisdiction: While rarely exercised, the President can seek the Supreme Court's opinion on any matter of public importance or law. However, the Court's opinion is not binding.

5)     Constitutional Interpretation: The Court interprets the Constitution, resolves constitutional disputes between the center and states, and ensures a balance of powers among the three branches of government.

6)     Public Interest Litigation (PIL): The Supreme Court can take up PILs suo moto or on behalf of a public interest, ensuring justice for marginalized groups and addressing broader societal issues.

b)   Jurisdiction of the Supreme Court:

1)      Original Jurisdiction: The Court has original jurisdiction in disputes between the Union and one or more states, disputes involving the center and states, and cases involving enforcement of fundamental rights.

2)     Appellate Jurisdiction: It hears appeals from High Courts and tribunals in civil, criminal, and constitutional matters. Appeals can reach the Supreme Court based on substantial questions of law or public importance.

3)     Advisory Jurisdiction: As mentioned earlier, it provides advisory opinions to the President on issues of public importance.

4)     Writ Jurisdiction: The Court has the authority to issue writs—habeas corpus, mandamus, prohibition, quo warranto, and certiorari—to enforce fundamental rights or for other legal purposes.

The Supreme Court's vast jurisdiction and functions ensure the upholding of justice, protection of fundamental rights, and maintenance of the rule of law, playing a crucial role in India's legal and constitutional framework.

Assignment - III

Answer the following questions in about 100 words each. Each question carries.

Q1) How can we categorise the Directive Principles of State Policy?

Ans) Directive Principles of State Policy (DPSP) in the Indian Constitution can be categorized based on their nature and scope:

1)      Social Justice: DPSPs aiming to achieve social justice include provisions for equal pay for equal work, opportunities for healthy development for children, and the promotion of educational and economic equality.

2)     Economic Principles: These DPSPs focus on securing equitable distribution of resources, minimizing economic inequalities, and ensuring adequate standards of living for all citizens.

3)     Political Governance: DPSPs concerning political governance stress on democratic governance, separation of powers, and the establishment of a welfare state.

4)     International Relations: DPSPs under this category emphasize international peace, respect for international law, and fostering goodwill among nations.

5)     Miscellaneous: Other DPSPs encompass a range of issues, including environmental protection, prohibition of intoxicating drinks, and protection of monuments and objects of national importance.

Q2) What are the powers of the Speaker of the Lok Sabha?

Ans) The Speaker of the Lok Sabha, as the presiding officer, holds significant powers within the parliamentary proceedings:

a)     Presiding Over Sessions: The Speaker manages and regulates the proceedings in the Lok Sabha, maintaining order and decorum during debates and discussions.

b)     Decision on Parliamentary Procedures: They decide on matters of parliamentary procedure, deciding who may speak, allowing discussions, and interpreting rules and regulations.

c)     Casting Vote: In the case of a tie during a vote, the Speaker casts the deciding vote.

d)     Disciplinary Action: The Speaker can take disciplinary action against members violating parliamentary norms, including expulsion or suspension.

e)     Committee Appointments: They nominate members to various parliamentary committees, playing a crucial role in their functioning and composition.

Q3) What were the recommendations of the Sarkaria Commission?

Ans) The Sarkaria Commission, formed in the 1980s to review the Centre-State relations in India, provided several key recommendations:

a)     Appointment of Governors: Suggested that Governors should be eminent individuals and not political figures, ensuring neutrality in their functioning.

b)     Use of Article 356 (President's Rule): Emphasized resorting to Article 356 (President's Rule) only in extreme cases when the constitutional machinery in a state breaks down, discouraging its misuse for political purposes.

c)     Inter-State Council: Advocated for the establishment and strengthening of the Inter-State Council to enhance cooperation and coordination between states and the Centre.

d)     Distribution of Powers: Clarified the roles and responsibilities of the Centre and states to prevent conflicts, promoting cooperative federalism.

e)     Financial Relations: Proposed guidelines for better fiscal federalism, ensuring a fair distribution of financial resources between the Centre and states.

Q4) Discuss the special powers and functions of the Rajya Sabha.

Ans) The Rajya Sabha, the Upper House of the Indian Parliament, holds distinctive powers and functions that contribute to the legislative process and governance:

a)     Representing States: It represents the states and union territories, ensuring their interests in the central legislative process, promoting federalism, and balancing regional concerns with national interests.

b)     Special Powers in Legislation: The Rajya Sabha has the power to review and amend money bills initiated in the Lok Sabha, suggesting amendments, but cannot veto them, maintaining a check on the Lower House's authority.

c)     Electorate Role: Members are elected by state legislatures, providing a platform for experienced, knowledgeable, and diverse individuals who may not directly face electoral pressures.

Q5) Describe the structure of Local Self-Government in rural India.

Ans) In rural India, local self-government operates through the Panchayati Raj System, which comprises a three-tier structure:

a)     Gram Panchayat (Village Level): It's the lowest tier, representing a village or a group of villages. The Gram Panchayat consists of elected representatives called Panchayat members, headed by a Sarpanch. It manages local affairs, implements developmental programs, and handles basic amenities.

b)     Panchayat Samiti (Block Level): It constitutes the intermediate level, overseeing a group of Gram Panchayats. Elected representatives from Gram Panchayats form the Panchayat Samiti, headed by a Pradhan. It coordinates development plans and allocates resources.

c) Zila Parishad (District Level): At the top tier, it represents the district. Elected members from Panchayat Samitis form the Zila Parishad, led by a Chairperson. It supervises and coordinates the activities of Panchayat Samitis and implements district-level programs.