Assignment Code: BPSC-132/ASST/TMA/2022-23

Course Code: BPSC-132

Assignment Name: Indian Government and Politics

Year: 2022-2023

Verification Status: Verified by Professor

Assignment - I

Answer the following in about 500 words each.

Q1) Discuss Marxist perspective to study Indian politics. 20

Ans) Marxist fundamentals serve as the foundation for the Marxist approach to Indian politics. These principles make an effort to understand society in a way that aids in changing society. To put it another way Marxist theories, explain the nature of class conflict and offer solutions to put an end to class exploitation by applying the principles of dialectical materialism or historical materialism. Dialectical materialism asserts that society is divided into classes. In terms of social relations of production and forces of production, the relationships between classes can be viewed.

The term "mode of production" refers to both the social relations and the factors that go into production. The classes, resources, and tools or means used in the manufacture of goods are included in the forces of production. Social relations of production refer to patterns of working or labour relations as well as patterns of ownership of the means of production, such as land, industries, or any other unit of production. The shift of society from one stage of development to the next is caused by changes in the forces or the means of production.

The Marxist viewpoint emphasises the connection between class and other societal facets, such as the state, politics, culture, and religion. Class is referred to as the superstructure, while the other factors—such as the state, culture, and religion—are regarded as the basis. The basic goal of the Marxist strategy is to clarify the connection between the base and the superstructure. The Marxist approach can be divided into two main categories. One suggests that the superstructure is determined by the base or class. The other claims that the superstructure enjoys a certain degree of relative autonomy and that the base does not dictate the non-class features of an entity.

Neo-Marxism is a term used to describe the latter. The former is referred to as the classical or mechanical Marxist approach. Gramsci, the Frankfurt School, and Ralph Miliband all had an impact on the neo-Marxist movement. The Marxist perspective considers the relationship between domestic and foreign politics. It aims to examine how national politics and imperialism interact, as well as the function of global financial institutions like the World Bank and International Monetary Fund.

Both classical and neo-Marxist Marxist methodologies have been used to research Indian politics. Professional academics as well as Marxist political activists, politicians, or political parties have used the Marxist perspective to understand Indian politics. You learned about the liberal approach in unit 1. The liberal approach has been used more to examine Indian politics than the Marxist approach has. Since the Marxist approach's main goal is to explain class relations and the role of the state, its main concerns include these: shifting class relations, peasant and working class movements, the function and character of the state, especially the interaction between the state and different classes.

It is significant to highlight that academicians from various social science areas employ the Marxist approach to tackle related challenges. Ranajit Guha, a historian, has since the 1980s contributed a new branch of neo-Marxism, influenced by Gramsci's Subaltern Studies book series. The researchers who have been affected by the subaltern method contend that the subalterns, or common people, grow in consciousness. They make decisions independently of outside influences and in accordance with their consciousness. Traditional Marxist scholars have criticised the subaltern approach as not being Marxist.

Q2) Explain the essential features of the Indian Constitution. 20

Ans) The essential features of the Indian Constitution are as follows:

Sovereign, Democratic, Republic

India cannot become a colony or a dependent nation of another nation since the country's sovereignty cannot be compromised. The fundamental notion of sovereignty served as the foundation for the Freedom Movement's whole trajectory. In a republic, there is no room for a monarch to rule the populace; instead, the populace controls the government through elected officials.

Union of States

The Constitution's creation of India as a Union of States is a significant element (Art 1). The Constitution allows for both the admission of new States and the creation of new ones. A notable example of this is the creation of States, which took place for the first time following independence in 1956 and involved the linguistic division of some of the States that were already in existence (Andhra Pradesh, Tamil Nadu, Karnataka, and Kerala). Maharashtra and Gujarat were created as a result of the division of the Bombay State. Three new States, Uttaranchal, Chhattisgarh, and Jharkhand were established more recently, in the year 2000.

Fundamental Rights

The fundamental rights outlined in the constitution can be summed up as follows: the rights to equality, freedom, protection from exploitation, freedom of religion, access to cultural and educational opportunities, and constitutional remedies. The Right to Property is no longer a Fundamental Right because the Forty Fourth Constitutional Amendment Act made it a legitimate right. The property of any person may be taken by paying a "compensation" in the larger interests of the nation. The Supreme Court ensures that the Fundamental Rights will be upheld; they are established in Part III of the Constitution. In other words, fundamental rights can be used to uphold justice. Fundamental rights cannot be suspended, unless there is an "Emergency". However, Articles 20 and 21 cannot be withheld even in an emergency.

Directive Principles of State Policy

DPSP are broad principles that must be kept in mind when making laws and putting them into action. The DPSP are not justiciable, in contrast to the Fundamental Rights. The DPSP have a "welfare" connotation when seen simply. Since they are not guaranteed by the Constitution, their enforcement cannot be challenged in a court of law. The DPSP and Fundamental Rights collectively make up the Constitution's core, or its "real conscience." According to the DPSP, the state is required to make sure.

Fundamental Duties

All citizens are expected to work toward the common good of all under the Fundamental Duties contained in the Constitution. They must respect the Constitution, the National Anthem, and the Tricolour. They are urged to put aside any divisive inclinations in order to work toward a harmonious society and to protect the integrity and unity of the nation. The nation's residents have a responsibility to safeguard its material and natural resources and strive for greater levels of accomplishment.

The Union: Executive, Legislature and Judiciary

All political science students are aware that there are three branches of government: the legislative, executive, and judicial. The advancement of a nation depends on the three of them working together harmoniously.

Assignment - II

Answer the following questions in about 250 words each.

Q1) Critically examine the Basic Structure doctrine. 10

Ans) The Basic Structure Doctrine states that the fundamental elements of the constitution, such as the Fundamental Rights, judicial review, secularism, and parliamentary democracy, cannot be changed by changes. This theory was developed as a result of the Supreme Court's decision in the Kesavanand Bharati v. State of Kerala case in March 1973. In this case, the Kerala government's decision to take over private land as part of a land reform programme was contested in the Supreme Court by His Holiness Kesavanand Bharati Spripadagalvanu, the head of a math in Kerala. The Supreme Court ruled in this case that the Fundamental Rights, which make up the foundation of the constitution, cannot be altered.

The court did rule, however, that the right to property did not make up the Constitution's fundamental principles. Property rights were eliminated as Fundamental Rights by the 44th Amendment of 1978. Fundamental Rights must be protected by the courts because they are legally enforceable. By issuing writs, the courts defend Fundamental Rights. The Supreme Court defended fundamental rights in the Golakhnath v. State of Punjab case before the Kesavanand Bharati case. The court in this instance barred Parliament from limiting any Fundamental Right. In the 1975 case of Indira Gandhi v. Raj Narayan, the Supreme Court applied the Basic Structure theory to invalidate the 39th Amendment to the Constitution, which aimed to exempt the elections of the President, Vice-President, Prime Minister, and Speaker of the Lok Sabha from judicial review.

Q2) Explain the powers and functions of the Speaker of Lok Sabha. 10

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

1. The Speaker's office is a representation of great dignity and power. Once in office, the speaker is not associated with any party and conducts business impartially. He or she serves as the defender of the members' rights and privileges.

2. The Speaker has the authority to make sure that the House's business is conducted efficiently and in good order. He or she directs the procedures of the house, upholds decorum and order, rules out points of order, and interprets and applies house regulations.

3. In all such cases, the Speaker's decision is conclusive. Before a bill is given to the other House or the President of India for his approval, the Speaker certifies whether it is a money bill or not and attests that the house has passed the law.

4. The Speaker sets the agenda after consulting with the leader of the house. Additionally, he or she determines if questions, motions, and resolutions are acceptable.

5. The Speaker does not cast a vote in the first round, but in the event of a tie, he or she may use a casting vote.

6. All of the House's committee chairs are chosen by the Speaker, who also has authority over the office's secretariat.

7. Only a substantial motion may be made in the House to discuss the Speaker's behaviour. His or her salary and benefits are charged to India's Consolidated Fund.

8. One unique aspect of the Speaker's position is that the Speaker does not leave the office even if the House is dissolved. Until a new Speaker is chosen by the next House, he or she remains in charge. The Deputy Speaker preside over the House when the Speaker is not present.

Q3) Discuss the parliamentary devices to control the executive. 10

Ans) The parliamentary devices to control the executive are as follows:

Controlling the executive is one of the Parliament's key responsibilities. It has a variety of mechanisms at its disposal to accomplish this. The Question Hour, which is open for both asking and answering questions, begins every sitting unless the presiding officers instruct otherwise, according to the norms of procedure and conduct of business in Parliament.

Regardless of their political affiliation, all members of the House have the fundamental right to ask questions. The real goal of the member's inquiry is to draw attention to the administration's flaws, learn what the government was thinking when it created its policies, and where those policies already exist, to make appropriate changes to those policies. If a member feels that they need a comprehensive "explain in the public interest" and the answer provided does not satisfy them, they may ask the presiding officer to hold a discussion. The last half hour of a session is typically when the presiding officer allows discussion.

Members may bring a Minister's attention to any item of public interest and ask the Minister to make a statement on it with the presiding officer's prior approval. The Minister may either seek for time to speak briefly later or may make a quick statement right away.

The purpose of the adjournment motion is to bring the house's attention to a recent issue of urgent public interest that will have major ramifications for the nation and for which a motion or a resolution in the appropriate notice will be too late. An adjournment motion is a unique procedure that, if approved, results in the suspension of the House's regular business in order to consider a specific issue of public concern. Adopting an adjournment motion is equivalent to criticising the government.

Assignment - III

Answer the following questions in about 100 words each.

Q1) Write a brief note on Parliamentary Privileges. 6

Ans) Certain rights known as parliamentary privileges guarantee the members of Parliament the freedom and effectiveness to carry out their duties. The enumerated privileges include freedom of speech in each House of Parliament, immunity from legal action arising from statements made or votes cast, immunity from liability arising from the publication of any report, paper, votes, or proceedings by either House of Parliament, or under its authority, Exemption from appearing as a witness in court and freedom from arrest in civil matters during the entire session plus 40 days before and after the session. The unpaid privileges give the Indian Parliament the authority to punish a person for disrespecting the legislature, member or not.

Q2) Discuss the special powers and function of Rajya Sabha. 6

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

It is well within its rights to request information on any issues that are solely Lok Sabha-related. A vote of no confidence in the Council of Ministers cannot be passed by it. Additionally, it has little impact on issues with money bills. However, the Rajya Sabha is given several unique powers by the Constitution. The Rajya Sabha holds two important exclusive powers because it is the exclusive representative of the States.

First, according Article 249, the Rajya Sabha has the authority to pass a resolution stating that it is "necessary or expedient in the national interest" by a majority of not less than two-thirds of members present and voting. The subject of this resolution ought to be on the State List. The resolution's law governing the subject will be in effect for 12 months.

The Rajya Sabha is given exceptional authority under Article 312 to pass a resolution on another topic, such as the establishment of one or more All India Services. Similar to the resolution that must be approved under Article 249, the resolution under Article 312 must receive the support of two-thirds of the members of the House who are present and voting.

Q3) Explain the legislative powers of the President of India. 6

Ans) The Indian Parliament is not complete without the President of India. He is not permitted to attend or take part in either of the two Houses' discussions, though. The President of India plays a significant function in relation to the Parliament.

The legislative powers of the President of India are as follows:

1. The Lok Sabha may be dissolved by the President, who also has the authority to convoke and prorogue the House between sessions.

2. Although a measure may pass both Houses, it cannot become law without the President's approval.

3. When neither House is in session, the President may also publish Ordinances. Even though they are only temporary in nature, these Ordinances have the same weight and authority as a legislation passed by Parliament.

Q4) Write a note on the original jurisdiction of the Supreme Court. 6

Ans) The parties to the issue must be members of the federation because of the Supreme Court's original jurisdiction. The Union and State governments in a federal system like India obtain their authority from and are constrained by the same constitution. Disputes between citizens of the same state or between citizens of other states are not within the original purview of the Indian Supreme Court. The Supreme Court, which defends fundamental rights, also has a broad original jurisdiction. If the detention is determined to be unlawful, the court may assess whether it is legal to hold the person and may order their release. The Supreme Court has the authority to direct and order the executive branch appropriately in addition to granting these writs.

Q5) Explain what is a Money Bill. 6

Ans) Any measure that has to do with revenue and spending is referred to as a finance bill. A money bill, however, is not the finance bill. The Rajya Sabha does not allow the introduction of money bills. A money bill is sent to the Rajya Sabha once it has been approved by the Lok Sabha. A money bill cannot be rejected by the Rajya Sabha. The money bill is considered to have been approved by both Houses if any of the proposals are accepted by the Lok Sabha. The money bill is regarded as having been passed by both Houses without alterations even if the Lok Sabha rejects all of the recommendations. A money bill cleared by the Lok Sabha and sent to the Rajya Sabha for its recommendations is presumed to have been passed by both Houses at the end of the specified period in its original form if it is not returned to it within fourteen days.