Questions Asked

•  Underline the significance of the first constitutional amendment. (2021)

•  Differentiate parliamentary supremacy from parliamentary sovereignty. Would you consider the Indian Parliament as a Sovereign Parliament. Examine. (17/20)

•  Comment: ‘Article 368 does not enable Parliament to alter the basic structure or framework of the Constitution’. (16/10)

•  Comment: The philosophy and administration of the distribution of powers between Centre and state is required to be re-assessed. (16/10)

•  Comment: The purpose of the 42nd Constitutional Amendment was to make the economic and social democracy explicitly visible. (16/10)

•  Identify the contested areas in Centre-State relations in India. (15/15)

•  Examine the significance of the verdicts of the Supreme Court in the Golaknath and Kashavananda Bharati cases for an understanding of the scope of Article 368 in regard to Fundamental Rights. (13/20)

•  In normal conditions, the Governor is a Constitutional executive but in case of constitutional crisis, he can become a powerful and effective executive. Discuss. (11/30)

•  Critically examine and comment on the assertion in about 200 words: It is not constitutional law but political factors that ultimately determine Centre-States relations in India. (11/20)

•  Comment: Coalition Governments in India at the Centre since 1998. (05/20)

•  Discuss the patterns of legislative-executive relationship prevalent in the world today. What factors and forces have enabled the executive to overpower the legislature, in most countries? (97/60)

•  Comment: Proportional representation. (96/20)

•  Comment: The 42nd amendment to the Constitution of India. (92/20)

•  Majority in legislatures does not necessarily contribute to the stability of the state Government in India. Discuss. (92/60)

Introduction

Parliament: Parliament is the supreme legislative body in a parliamentary system of government, consisting of elected representatives who make and pass laws on behalf of the people.

Role in Governance

•  Legislative Authority: Parliament is responsible for making, amending, and repealing laws.

•  Scrutiny and Oversight: It plays a critical role in scrutinizing the government's actions and holding it accountable.

•  Representation: Parliament represents the will of the people, ensuring that citizens' voices are heard.

•  Financial Control: It controls public finances by approving budgets and expenditures.

•  Policy Formulation: Parliament contributes to policy formulation and decision-making.

Importance of Parliamentary Features and Amending Procedures

Balancing Power

•  Checks and Balances: The parliamentary system incorporates checks and balances to prevent the concentration of power.

•  Accountability: Regular elections and the ability to remove the government ensure accountability.

Flexibility

•  Amendment Procedures: Parliamentary systems often have more flexible procedures for amending laws and the constitution, allowing for timely responses to changing circumstances.

The Parliamentary System

Explanation of Parliamentary Government

Characteristics

•  Collective Responsibility: The cabinet is collectively responsible to the legislature (parliament), and its members must act in concert with government decisions.

•  Majority Rule: The party or coalition with the majority in parliament forms the government.

•  Fusion of Powers: There is a fusion of the executive and legislative branches, with the executive (cabinet) being drawn from the legislature.

Cabinet System

•  Cabinet Formation: The leader of the majority party becomes the Prime Minister and forms a cabinet composed of elected members of parliament.

•  Executive Authority: The cabinet exercises executive authority and carries out the day-to-day administration.

Comparison with Other Forms of Government (e.g., Presidential)

Presidential vs. Parliamentary

•  Executive Structure: In a presidential system, the executive branch (president) is separate from the legislature, whereas in a parliamentary system, the executive (Prime Minister and cabinet) is part of the legislature.

•  Separation of Powers: Presidential systems have a strict separation of powers, while parliamentary systems have a fusion of powers.

•  Stability: Presidential systems often have fixed terms for the executive, while parliamentary systems can trigger early elections.

•  Accountability: Parliamentary systems have more immediate accountability through votes of no confidence.

Key Components of a Parliamentary System

The Monarch/President

•  The head of state, often a monarch (as in the UK) or a ceremonial president (as in India).

The Legislature

•  Composed of elected representatives from different political parties.

The Cabinet

•  Formed by the majority party, headed by the Prime Minister, and responsible for policy implementation.

The Opposition

•  Comprising parties not in power, with a crucial role in scrutinizing and challenging the government.

Political Parties

•  Play a central role in the functioning of a parliamentary system, as they compete for power through elections.

Electoral System

•  Determines how representatives are elected, which can be first-past-the-post, proportional representation, or other systems.

No-Confidence Motions

•  A mechanism to remove the government if it loses the support of the legislature.

Parliamentary Features

Composition of Parliament

Bicameral vs. Unicameral Parliaments

Bicameral Parliaments

•  Definition: Bicameral parliaments have two separate chambers or houses.

•  Examples: The United Kingdom's Parliament (House of Commons and House of Lords), the United States Congress (House of Representatives and Senate).

Unicameral Parliaments

•  Definition: Unicameral parliaments have a single legislative chamber or house.

•  Examples: Sweden's Riksdag, Denmark's Folketing, and Finland's Eduskunta.

The Role of the Upper and Lower Houses

Upper House

•  Review and Revision: The upper house often serves as a revising chamber, reviewing and amending legislation proposed by the lower house.

•  Representational Diversity: It may represent regions, states, or specific interests.

•  Stabilizing Influence: Provides a check on hasty or partisan decisions taken by the lower house.

Lower House

•  Primary Legislative Body: The lower house is usually the primary legislative body, responsible for proposing and passing laws.

•  Direct Representation: Members of the lower house are often directly elected by the people.

•  Initiating Budgets: In many countries, the lower house has the authority to initiate and approve budgets.

Election and Representation

How Members of Parliament are Elected

First-Past-the-Post

•  Single-Member Districts: Each geographic district elects one representative, and the candidate with the most votes wins.

•  Used in: The United Kingdom, Canada, and India (for the Lok Sabha).

Proportional representation

•  Comment: Proportional representation. (96/20)

Mixed Systems

•  Combination of District and Proportional Representation: Some countries use a mix of both systems to balance local representation with proportionality.

Representational Aspects of Parliament

Geographical Representation

•  Territorial Representation: In bicameral parliaments, the upper house often represents regions or states, ensuring geographic diversity.

•  Local Constituencies: In unicameral parliaments, members represent specific geographic constituencies.

Party Representation

•  Party List System: Proportional representation often means that members represent their party rather than a geographic area.

•  Multi-Party Systems: Many parliaments accommodate multiple political parties, reflecting diverse ideological and cultural interests.

Functions and Powers of Parliament

Legislative Authority

Proposal of Legislation

•  Lower House: In most parliamentary systems, the lower house proposes and debates legislation.

•  Upper House: The upper house reviews, amends, and provides further input on proposed bills.

Lawmaking Process

•  Passage: Legislation typically requires approval from both houses to become law.

•  Disagreements: If the houses disagree on a bill, they may engage in a process of negotiation or reconciliation.

Oversight of the Executive Branch

Questioning and Scrutiny

•  Question Time: Members of parliament can question government ministers about their policies and actions.

•  Committees: Parliamentary committees conduct inquiries and investigations into the executive's functioning.

No-Confidence Motions

•  Power to Remove: Parliaments often have the authority to express a vote of no confidence in the government, leading to its removal.

Budgetary Powers

Control over Public Finances

•  Budget Approval: The lower house typically initiates and approves budgets.

•  Expenditure Oversight: Parliament scrutinizes government spending to ensure it aligns with legislative priorities.

Constituent Power

Constitution Amendments

•  Amendment Authority: Some parliaments have the power to amend the constitution.

•  Special Procedures: In many cases, changing the constitution requires more extensive procedures than regular legislation.

Coalition Government at Centre

•  Comment: Coalition Governments in India at the Centre since 1998. (05/20)
Introduction

•  The period since 1998 has witnessed the emergence of coalition governments at the Centre in India, reflecting the multi-party dynamics of Indian politics.

1. National Democratic Alliance (NDA) I (1998-2004)

•  Formation:

•  BJP-led coalition with allies like the Shiv Sena, AIADMK, and others.

•  Key Policies:

•  Conducted nuclear tests in 1998.

•  Launched the National Highway Development Project.

•  Leadership:

•  Atal Bihari Vajpayee served as the Prime Minister.

2. United Progressive Alliance (UPA) I (2004-2009)

•  Formation:

•  Coalition led by the Indian National Congress, with support from various regional parties.

•  Key Policies:

•  Implemented the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

•  Launched the National Rural Health Mission.

•  Leadership:

•  Dr. Manmohan Singh served as the Prime Minister.

3. United Progressive Alliance (UPA) II (2009-2014)

•  Formation:

•  The UPA returned to power with a similar coalition structure.

•  Key Policies:

•  Enacted the Right to Information Act.

•  Implemented the Food Security Act.

•  Leadership:

•  Dr. Manmohan Singh continued as the Prime Minister.

4. National Democratic Alliance (NDA) II (2014-Present)

•  Formation:

•  BJP-led coalition with allies like the Shiv Sena, AIADMK, and others.

•  Key Policies:

•  Implemented the Goods and Services Tax (GST).

•  Launched the Pradhan Mantri Jan Dhan Yojana.

•  Leadership:

•  Narendra Modi assumed the position of Prime Minister.

5. NDA III (2019-Present)

•  Formation:

•  BJP-led coalition with a renewed mandate.

•  Key Policies:

•  Abrogation of Article 370 in Jammu and Kashmir.

•  Implementation of the Citizenship Amendment Act (CAA).

•  Leadership:

•  Narendra Modi continues as the Prime Minister.

Conclusion

•  Coalition governments have become a recurring feature in Indian politics since 1998.

•  The dynamics of these alliances have shaped policies and governance, reflecting the diverse and intricate nature of the Indian political landscape.

Centre-State Relations in India

Power Distribution between Centre and State

•  Comment: The philosophy and administration of the distribution of powers between Centre and state is required to be re-assessed. (16/10)

Introduction

•  The distribution of powers between the Centre and the states is a foundational aspect of India's federal structure.

•  The call for reassessment implies a need to revisit the philosophy and administrative mechanisms governing this distribution.

1. Philosophy of Power Distribution

•  Original Intent vs. Contemporary Realities:

•  Reassessing involves revisiting the original intent of federalism in the Indian Constitution.

•  Evaluate if contemporary challenges align with the intended distribution of powers.

•  Shifts in Socio-economic Dynamics:

•  Assess the impact of socio-economic changes on the federal structure.

•  Examine if the current power distribution is conducive to addressing modern challenges.

2. Administrative Mechanisms

•  Financial Autonomy:

•  Examine the financial autonomy of states concerning revenue generation and resource allocation.

•  Evaluate if states have sufficient fiscal space to fulfill their responsibilities.

•  Coordination Mechanisms:

•  Assess the effectiveness of coordination mechanisms between the Centre and states.

•  Ensure seamless collaboration in areas like disaster management, security, and economic planning.

3. Challenges and Opportunities

•  Emerging Issues:

•  Identify new challenges, such as global pandemics, climate change, and technological advancements.

•  Determine whether the existing distribution allows for effective responses to these challenges.

•  Opportunities for Decentralization:

•  Explore opportunities for decentralization to local bodies and municipalities.

•  Assess if empowering local entities enhances governance and addresses grassroots issues.

4. Legal Framework

•  Constitutional Amendments:

•  Consider the possibility of constitutional amendments for a more flexible distribution of powers.

•  Assess if amendments can enhance cooperative federalism and empower states.

•  Judicial Interpretation:

•  Analyze judicial interpretations of federalism and their impact on the balance of powers.

•  Ensure that the judiciary contributes to a harmonious power-sharing arrangement.

5. Stakeholder Consultation

•  Political Consensus:

•  Seek political consensus on the reassessment process.

•  Involve key stakeholders, including political parties, states, and legal experts.

•  Public Participation:

•  Encourage public participation through discussions, debates, and consultations.

•  Ensure that the reassessment process reflects the aspirations of the people.

Conclusion

•  Reassessing the philosophy and administration of power distribution between the Centre and states is crucial for adapting to evolving challenges and ensuring effective governance.

•  A comprehensive evaluation, involving all stakeholders, can pave the way for a more responsive and dynamic federal structure that aligns with the needs of a contemporary and diverse nation.

Factors determining Centre-State Relations

•  Critically examine and comment on the assertion in about 200 words: It is not constitutional law but political factors that ultimately determine Centre-States relations in India. (11/20)

Introduction

•  The interplay between constitutional law and political factors shapes Centre-States relations in India.

•  While constitutional provisions provide a framework, political dynamics often play a decisive role.

1. Constitutional Framework

•  Seventh Schedule:

•  The Constitution allocates powers between the Centre and states through the Seventh Schedule.

•  Enumerates subjects under Union, State, and Concurrent Lists.

•  Article 1 and 3:

•  Defines India as a Union of States and grants Parliament the power to alter state boundaries.

•  Constitutional provisions establish the federal structure.

2. Constitutional Mechanisms

•  Interstate Council:

•  Constitutional provision for the Interstate Council to address Centre-State and inter-State issues.

•  Provides a platform for dialogue and coordination.

•  Finance Commission:

•  Constitutionally mandated Finance Commission allocates resources between the Centre and states.

•    Aims to maintain fiscal federalism.

3. Political Dynamics

•  Role of Political Parties:

•  The political composition at the Centre and in states influences relations.

•  Political parties' ideologies and agendas impact cooperation or conflicts.

•  Leadership Styles:

•  Leadership styles of the Prime Minister and Chief Ministers influence collaboration.

•  Personal equations can impact the working relationship between the Centre and states.

4. Economic Factors

•  Financial Dependency:

•  States often depend on financial assistance from the Centre.

•  Economic considerations influence states' cooperation or dissent.

•  GST Council:

•  The Goods and Services Tax (GST) Council reflects a cooperative federalism approach.

•  Economic decisions made collectively impact Centre-State relations.

5. Historical Context

•  Formation of States:

•  Historical decisions, such as the creation of linguistic states, impact relations.

•  Past decisions influence contemporary political sentiments.

•  Emergency Period:

•  The imposition of Emergency in 1975 strained Centre-State relations.

•  Historical events continue to shape perceptions and attitudes.

6. Public Opinion and Regional Aspirations

•  Regional Aspirations:

•  Public sentiment and regional aspirations influence state policies.

•  Political leaders respond to public demands, impacting Centre-State relations.

•  Language and Culture:

•  States with distinct languages and cultures assert autonomy based on local identity.

•  Public sentiments shape political narratives.

Conclusion

•  While the Constitution provides a legal framework, political factors are pivotal in determining Centre-States relations in India.

•  The intricate interplay between constitutional provisions, political decisions, economic considerations, and historical contexts collectively shapes the dynamics, making Centre-State relations a multifaceted and evolving aspect of Indian governance.

Challenges of Centre-State Relations

•  Identify the contested areas in Centre-State relations in India. (15/15)

Introduction

Centre-State relations in India often witness disputes and conflicts, reflecting the complex federal structure. Identifying contested areas helps understand the challenges in governance.

1. Financial Autonomy

•  Distribution of Resources:

•  Disputes arise over the distribution of financial resources between the Centre and states.

•  States often argue for greater autonomy in resource allocation.

•  GST Compensation:

•  Issues related to Goods and Services Tax (GST) compensation create tensions.

•  States demand timely compensation from the Centre, leading to conflicts.

2. Administrative Powers

•  Governor's Role:

•  Appointment and functioning of Governors can become contentious.

•  Political differences between the Centre and states may influence gubernatorial decisions.

•  Police and Law & Order:

•  States seek autonomy in matters of law and order.

•  Conflicts arise when the Centre intervenes in state policing matters.

3. Constitutional Amendments

•  Article 3:

•  Reorganization of states under Article 3 can lead to disputes.

•  States may resist alterations to their boundaries or formation of new states.

•  Emergency Powers (Article 356):

•  Use of Article 356 during emergencies is a contentious issue.

•  Centre-State relations strain when states perceive misuse of emergency powers.

4. Interstate Water Disputes

•  River Water Sharing:

•  Conflicts over sharing river waters create disputes.

•  Tribunals and commissions often mediate in interstate water-sharing disagreements.

•  Cauvery River Dispute:

•  The Cauvery River dispute between Karnataka and Tamil Nadu is a longstanding issue.

•  Allocation of water resources remains a point of contention.

5. National Counterterrorism and Internal Security

•  National Security Issues:

•  Coordination on national security issues can be a source of contention.

•  States may resist excessive interference in internal security matters.

•  Special Status and Armed Forces (Special Powers) Act:

•  States like Jammu and Kashmir had special autonomy.

•  Revocation of Article 370 and the application of the Armed Forces (Special Powers) Act led to disputes.

6. Disaster Management and Health Emergencies

•  Pandemics and Health Emergencies:

•  Coordination during health crises can be challenging.

•  Differences in approach and resource allocation may lead to conflicts.

•  Natural Disasters:

•  States seek autonomy in managing natural disasters.

•  Conflicts arise over the distribution of relief funds and coordination.

Conclusion

•  Identifying contested areas in Centre-State relations is crucial for addressing governance challenges.

•  As India's federal structure evolves, ongoing dialogues and constitutional mechanisms are essential to foster cooperative federalism and resolve disputes in the spirit of collaboration and mutual respect.

Executive-Legislature Relations

Challenges in maintaining stability of the state government.

•  Majority in legislatures does not necessarily contribute to the stability of the state Government in India. Discuss. (92/60)

Introduction

The concept that a legislative majority does not guarantee the stability of a state government in India underscores the nuanced factors that influence governance beyond numerical strength.

1. Governance Challenges with Legislative Majority

•  Internal Factionalism:

•  Intricate party dynamics can lead to internal factionalism.

•  Infighting within the ruling party can destabilize the government despite having a legislative majority.

•  Coalition Dynamics:

•  In states with coalition governments, diverse ideologies and interests may lead to instability.

•  Managing varied coalition partners poses challenges even with a legislative majority.

2. Leadership Crisis

•  eadership Instability:

•  Changes in leadership, whether due to internal dissent or external pressures, can disrupt governance.

•  Leadership crises can emerge even with a numerical majority in the legislature.

•  Lack of Coordination:

•  A majority does not guarantee cohesive leadership.

•  Lack of coordination among leaders can result in policy paralysis and administrative inefficiency.

3. Administrative Inefficiencies

•  Policy Implementation Challenges:

•  A legislative majority does not automatically translate to effective policy implementation.

•  Administrative inefficiencies and bureaucratic hurdles can impede governance.

•  Corruption and Governance Issues:

•  Instances of corruption and governance issues may persist irrespective of legislative strength.

•  Ensuring accountability is crucial for stable governance.

4. Public Perception and Support

•  Public Dissatisfaction:

•  Legislative majority does not necessarily reflect public satisfaction.

•  Dissatisfaction with governance can lead to protests and public unrest, destabilizing the government.

•  Media Influence:

•  Public perception shaped by media can impact stability.

•  Negative portrayal may erode public support even with a legislative majority.

5. External Influences

•  Federal Dynamics:

•  Relations with the central government and inter-state politics influence stability.

•  External pressures and interventions can disrupt state governance.

•  Economic Factors:

•  Economic conditions impact stability.

•  Legislative majority alone may not shield the state from economic challenges.

6. Electoral Politics and Anti-Incumbency

•  Anti-Incumbency Factor:

•  Despite legislative majority, anti-incumbency sentiment can affect electoral outcomes.

•  Voter dissatisfaction may lead to changes in government.

•  Electoral Volatility:

•  Changing political landscapes and volatile voter preferences can contribute to instability.

•  The electoral cycle remains a significant factor beyond legislative numbers.

Conclusion

•   The stability of a state government in India involves multifaceted considerations beyond a legislative majority.

•   Internal party dynamics, leadership stability, administrative efficiency, public perception, external influences, and electoral politics collectively shape the governance landscape, highlighting the need for a holistic approach to ensure stable and effective state governments.

Patterns of Legislative-Executive relationship

•  Discuss the patterns of legislative-executive relationship prevalent in the world today. What factors and forces have enabled the executive to overpower the legislature, in most countries? (97/60)

Introduction

•  Understanding the patterns of legislative-executive relationships worldwide involves examining the dynamics between these two branches of government. The prevalence of executive dominance raises questions about the factors and forces enabling this trend.

1. Patterns of Legislative-Executive Relationships

•  Parliamentary Systems:

•  Fused Executive-Legislature:

•  Common in parliamentary systems where the executive (Prime Minister) is drawn from the legislature.

•  Close coordination but potential for executive dominance.

•  Presidential Systems:

•  Separation of Powers:

•  In presidential systems, the executive and legislature are separate.

•  Checks and balances but potential for gridlock or executive dominance.

•  Coalition Governments:

•  Diverse Legislative Support:

•  Coalition governments may have complex relationships with power-sharing arrangements.

•  Balance of power can shift based on coalition dynamics.

2. Factors Enabling Executive Overpowering the Legislature

•  Leadership Centralization:

•  Presidential Dominance:

•  In presidential systems, a powerful president can overshadow the legislature.

•  Centralized leadership diminishes legislative influence.

•  Party Discipline:

•  Strong Party Whips:

•  Parties with strong internal discipline can ensure legislative support for the executive.

•  Dissent within parties is discouraged, consolidating executive power.

•  Executive Control over Agenda:

•  Agenda-Setting Powers:

•  The executive's control over legislative agendas influences discussions.

•  Strategic agenda-setting can shape legislative priorities.

•  Emergency Powers:

•  Crisis Situations:

•  Executives may gain more powers during emergencies or crises.

•  These expanded powers may persist, limiting legislative checks.

3. Media Influence and Public Opinion

•  Media Narratives:

•  Executive Influence:

•  Media portrayal and narratives can impact public perception.

•  Executives with media control or influence can shape public opinion, affecting legislative dynamics.

•  Populist Leaders:

•  Appeal to Public Sentiments:

•  Populist leaders may leverage public support to overpower legislative checks.

•  Charismatic leaders can marginalize dissenting voices.

4. Economic Factors

•  Economic Stability:

•  Executive Control in Stable Economies:

•  Economic stability may contribute to executive dominance.

•  Governments taking credit for economic successes may consolidate power.

•  Economic Crises:

•  Executive Powers in Crisis Management:

•  During economic crises, executives may gain more authority.

•  Legislatures may yield power for effective crisis management.

5. Globalization and International Relations

•  Globalization Impact:

•  Executive Empowerment in Global Affairs:

•  Globalization can empower executives in international negotiations.

•  Executive dominance may be reinforced through global engagements.

•  Treaty-Making Powers:

•  Executive Authority in Treaties:

•  Treaties and international agreements often fall under executive powers.

•  Legislative influence may be limited in global diplomacy.

Conclusion

•  The patterns of legislative-executive relationships globally exhibit diverse structures influenced by political systems and governance models.

•  Factors enabling executive overpowering of the legislature include leadership centralization, party discipline, control over the legislative agenda, media influence, economic conditions, and international dynamics. Understanding these dynamics is crucial for assessing the health of democratic institutions and ensuring a balance of power within governments.

Factors enabling executive to overpower the legislature.

Majority Control

•  Party Dominance: When the executive's party holds a significant majority in the legislature, it can often dominate the legislative process.

•  Whipping Systems: Strong party discipline and "whipping" can ensure that members of parliament vote in alignment with the executive's agenda.

Lack of Checks and Balances

•  Weak Oversight: In some systems, the executive branch may weaken the legislative branch's oversight mechanisms, reducing its ability to hold the executive accountable.

•  Appointment Powers: The executive may have significant control over key appointments, including those in the judiciary and civil service.

Emergency Powers

•  Crisis Situations: In times of crises or emergencies, the executive may use its expanded powers to bypass the legislative process and make swift decisions.

•  War Powers: Executive control over military and defense can strengthen its position in times of armed conflicts.

Amending Procedures

•  Formal Process: Changing the constitution typically involves a formal and often stringent process, requiring broad consensus and approval.

•  Higher Thresholds: Constitutional amendments often require a larger majority in the legislature or a referendum.

Constitutional Amendments

Introduction

•  The Constitution of India provides a framework for its own amendment, ensuring a carefully defined process. Different procedures exist based on the nature of amendments.

Article 368: Amendment Power

•  Constitutional Provision:

•  Article 368 outlines the power to amend the Constitution.

•  The procedures for different types of amendments are specified within this article.

Types of Amendments

•  Simple Majority Amendments:

•  Procedure:

•  Simple majority in both Houses of Parliament.

•  President's assent.

•  Examples:

•  Adding a new state to the Union (Article 2).

•  Special Majority Amendments:

•  Procedure:

•  Two-thirds majority in both Houses.

•  President's assent.

•  Examples:

•  Amendments related to fundamental rights (Article 13).

•  Special Majority + State Ratification:

•  Procedure:

•  Two-thirds majority in both Houses.

•  Ratification by half of the states.

•  President's assent.

•  Examples:

•  Changes in representation of states in Parliament (Article 1).

•  Special Majority + State Ratification (Specific States):

•  Procedure:

•  Two-thirds majority in both Houses.

•  Ratification by specific states (if required).

•  President's assent.

•  Examples:

•  Changes affecting federal structure (Article 2 and 3).

•  Special Majority + Joint Sitting:

•   Procedure:

•  Two-thirds majority in both Houses.

•  If there is a deadlock, a joint sitting may be called.

•  President's assent.

•  Examples:

•  Changes to provisions related to the President's election and removal (Article 54 and 61).

Key Amendments in Indian History

•  42nd Amendment (1976):

•  Nature:

•  Brought about significant changes during the Emergency.

•  Procedure:

•  Special majority + State ratification.

•  73rd and 74th Amendments (1992):

•  Nature:

•  Empowered local self-governments (Panchayats and Municipalities).

•  Procedure:

•  Special majority + State ratification.

•  101st Amendment (2016):

•  Nature:

•  Introduced the Goods and Services Tax (GST).

•  Procedure:

•  Special majority + State ratification.

Judicial Review of Amendments

•  Supreme Court's Authority:

•  The Supreme Court has the authority to review amendments.

•  Judicial scrutiny ensures amendments adhere to the basic structure of the Constitution.

Conclusion

•  The Indian Constitution provides a nuanced approach to amendments, with different procedures depending on the nature and impact of the proposed changes.

•  The combination of simple majority, special majority, and state ratification mechanisms ensures a careful and considered process for amending the foundational document of the country.

Legislative Amendments

Introduction

•  The process of amending laws in the Indian parliamentary system involves a systematic approach to ensure legal modifications align with democratic principles. Here are the key steps:

1. Proposal for Amendment

•  Government Proposal:

•  The government initiates the process by proposing an amendment to existing laws.

•  The proposal can originate from the executive branch, including ministries or departments.

•  Private Members' Bills:

•  Members of Parliament who are not part of the government can also propose amendments through Private Members' Bills.

•  These bills are presented on Fridays, and the process is less common.

2. Introduction in Parliament

•  Laying Before Parliament:

•  The proposed amendment is introduced by presenting the relevant Bill in either House of Parliament (Lok Sabha or Rajya Sabha).

•  The bill goes through the regular legislative procedure.

•  First Reading:

•  The Bill undergoes the first reading, which involves the formal presentation and introduction.

•  There is no debate during this stage.

3. Parliamentary Committees

•  Referral to Committees:

•  In some cases, the Bill is referred to parliamentary committees for detailed examination.

•  Committees gather feedback, conduct discussions, and suggest modifications.

•  Committee Report:

•  The committee submits a report to Parliament with recommendations.

•  The report may include amendments or modifications to the original proposal.

4. Second Reading and Debate

•  Introduction of Amendments:

•  The Bill moves to the second reading, where members debate its provisions.

•   Amendments can be proposed during this stage.

•  Voting on Amendments:

•  Members vote on each proposed amendment.

•  Amendments accepted become part of the Bill.

5. Third Reading

•  Final Approval:

•  The Bill undergoes the third reading, where members debate its final form.

•  A final vote is taken to approve or reject the Bill.

•  Transfer to the Other House:

•  If approved, the Bill is sent to the other House (Lok Sabha or Rajya Sabha) for consideration.

6. Consideration in the Other House

•  Similar Procedure:

•  The Bill undergoes a similar procedure in the second House.

•  It can go through readings, committee examination, and debates.

•  Concurrence or Amendments:

•  The second House may concur with the Bill or propose amendments.

•  If amendments are proposed, the Bill goes back to the first House.

7. President's Assent

•  Formal Approval:

•  Once both Houses agree on the final version, the Bill is sent to the President for formal approval.

•  The President can either give assent or withhold assent.

8. Notification and Implementation

•  Publication as Law:

•  Upon receiving the President's assent, the Bill is notified and published as law.

•  The amendment becomes part of the existing legal framework.

Conclusion

•  The process of amending laws in the Indian parliamentary system involves a thorough and systematic approach, ensuring democratic principles are upheld. From proposal to presidential assent, each stage follows a defined set of procedures to enact legal amendments.

Constitutional Amendments in India

First Constitutional Amendment

•  Underline the significance of the first constitutional amendment. (2021)

Introduction

•  The First Constitutional Amendment in India, enacted in 1951, holds historical importance and laid the foundation for subsequent constitutional changes. Examining its significance provides insights into the evolving nature of Indian governance.

Context of the First Amendment

•  Post-Independence Challenges:

•   After gaining independence in 1947, India faced numerous challenges, including socio-economic disparities, land reforms, and the need to establish a secular state.

•  The Constituent Assembly recognized the necessity for amendments to address emerging issues.

Key Provisions of the First Amendment

•  Article 15(4):

•  Original Provision:

•  Prohibited discrimination on grounds of religion, race, caste, sex, or place of birth.

•  Amendment:

•  Added clause (4) to Article 15, allowing the state to make special provisions for socially and educationally backward classes, including reservations.

•  Article 19(2):

•  Original Provision:

•  Guaranteed freedom of speech and expression.

•  Amendment:

•  Added reasonable restrictions to Article 19(2) to address concerns related to public order, security, and defamation.

•  Article 31-A and 31-B:

•  Original Provision:

•  Guaranteed the right to property.

•  Amendment:

•  Introduced Article 31-A and 31-B to provide constitutional protection to land reform laws and certain other laws that aimed at achieving socio-economic objectives.

Significance of the Amendments

•   Land Reforms and Social Justice:

•  The amendments facilitated land reforms aimed at addressing agrarian issues and promoting social justice.

•  Article 31-A protected laws related to agrarian reforms, allowing the government to implement policies for equitable land distribution.

•  Socially and Educationally Backward Classes:

•  The inclusion of Article 15(4) allowed for affirmative action through reservations for socially and educationally backward classes.

•  This was a crucial step toward addressing historical inequalities and fostering inclusivity.

•  Balancing Fundamental Rights:

•  The amendments to Article 19(2) illustrated the delicate balance between individual freedoms and the state's authority to impose reasonable restrictions.

•  It reflected the need to safeguard public order and prevent abuse of free speech.

•  Constitutional Protection for Land Reforms:

•  The introduction of Articles 31-A and 31-B shielded land reform laws from legal challenges.

•  This protection was vital for implementing policies to address agrarian issues and socio-economic disparities.

Judicial Interpretation and Evolution

•  Landmark Judgments:

•  The First Amendment triggered significant judicial interpretation.

•  Landmark judgments clarified the scope and limitations of the amended provisions.

•  Evolutionary Nature of the Constitution:

•  The First Amendment exemplified the evolutionary nature of the Indian Constitution.

•  It set a precedent for subsequent amendments to adapt to changing socio-political realities.

Controversies and Criticisms

•  Controversies Surrounding Land Acquisition:

•  Despite its significance, the amendment faced controversies, especially concerning land acquisition.

•  Critics argued that the protective provisions might infringe on property rights.

•  Freedom of Speech Concerns:

•  Amendments to Article 19(2) raised concerns about potential misuse by the state to curtail freedom of speech.

•  Balancing national interests and individual rights became a subject of ongoing debate.

Conclusion

•  The First Constitutional Amendment in India holds immense significance as it marked a critical juncture in the nation's constitutional journey.

•  By addressing challenges, fostering social justice, and laying the groundwork for subsequent amendments, it showcased the adaptability and resilience of the Indian Constitution in responding to the evolving needs of the nation.

42nd amendment to the Constitution

•  Comment: The 42nd amendment to the Constitution of India. (92/20)

•  Comment: The purpose of the 42nd Constitutional Amendment was to make the economic and social democracy explicitly visible. (16/10)

Introduction

•  The 42nd Constitutional Amendment, enacted in 1976, played a pivotal role in shaping India's constitutional landscape. Understanding its purpose provides insights into the explicit visibility given to economic and social democracy.

Context and Historical Background

•  Post-Emergency Scenario:

•  Enacted during the period of the national emergency (1975-1977) declared by then Prime Minister Indira Gandhi.

•  Marked a significant moment in Indian political history.

Key Provisions of the 42nd Amendment

•  Preamble Amendment:

•  Original Preamble:

•  Mentioned securing justice, liberty, equality, and fraternity.

•  Amendment:

•  Added the term "socialist," "secular," and "integrity" to the Preamble.

•  Fundamental Duties (Article 51-A):

•  Introduction:

•  A new part, Part IV-A, was added, containing Fundamental Duties.

•  Emphasized the importance of citizens' duties to the nation.

•  Directive Principles (Article 39-A):

•  New Provision:

•   Article 39-A introduced, emphasizing equal justice and free legal aid.

•  Restriction on Judicial Review (Article 329-A):

•  Limitation:

•  Imposed restrictions on the scope of judicial review concerning electoral matters.

Enhancing Economic Democracy

•  Nationalization of Banks:

•  Objective:

•  Aimed at achieving social control over major financial institutions.

•  Focused on economic equality and reducing economic disparities.

•  Land Reforms:

•  Emphasis:

•  Strengthened land reforms to address agrarian issues.

•  Aimed at providing equitable distribution of land to reduce socio-economic disparities.

•  Abolition of Privy Purse:

•  Symbolic Move:

•  Abolished the privy purse for former rulers of princely states.

•  Symbolic of reducing economic privileges associated with the princely class.

Promoting Social Democracy

•  Reservation Policies:

•  Expansion:

•  Amendments expanded the scope of reservation policies in education and employment.

•  Aimed at upliftment of socially disadvantaged groups.

•  Empowerment of Local Bodies:

•  Decentralization:

•  Advocated decentralization through strengthening local self-governance.

•  Encouraged the establishment of Panchayati Raj institutions.

•  Protection of Scheduled Castes and Scheduled Tribes:

•  Safeguards:

•  Amendments introduced safeguards for Scheduled Castes and Scheduled Tribes.

•  Enhanced protections against discrimination.

Criticism and Controversies

•  Suspension of Fundamental Rights:

•  Concerns:

•  The amendment gave the government the power to suspend fundamental rights during emergencies.

•  Criticized as a potential threat to individual liberties.

•  Imposition of Emergency:

•  Abuse of Power:

•  The 42nd Amendment was associated with the period of the Emergency, leading to concerns about its abuse for political purposes.

•  Raised questions about democratic values.

Legacy and Revisions

•  Subsequent Amendments:

•  Revisions Over Time:

•  Subsequent amendments modified or repealed some provisions of the 42nd Amendment.

•  Reflective of evolving constitutional principles.

•  Judicial Review:

•   Restoration of Judicial Independence:

•  The judiciary reasserted its role in upholding the Constitution's basic structure, limiting the restrictions on judicial review.

Conclusion

•  The 42nd Constitutional Amendment aimed to make economic and social democracy explicitly visible in the Indian constitutional framework.

•  While it addressed certain socio-economic objectives, its association with the Emergency and concerns over fundamental rights suspension sparked controversies. Subsequent amendments and judicial interpretations have shaped its legacy, reflecting the dynamic nature of India's constitutional evolution.

Critiques and Reassessments

Concentration of Power

•  Democratic Concerns: A powerful executive can concentrate too much power, potentially undermining democratic principles.

•  Checks and Balances: Critics argue that a robust system of checks and balances is crucial to prevent the executive's unchecked authority.

Lack of Accountability

•  Limited Oversight: If the executive's dominance hinders legislative oversight, it can lead to accountability gaps.

•  Erosion of Democracy: Overpowering the legislature may erode democratic norms and practices.

Role of Political Culture

•  Cultural Factors: The political culture in a country can influence the relationship between the executive and the legislature.

•  Norms and Values: A commitment to democratic values and norms can help safeguard the legislature's role.

Constitutional Reforms

•  Reassessing Constitutions: Some countries reassess their constitutions to address imbalances and enhance legislative authority.

•  Constitutional Checks: Introducing or strengthening constitutional checks on the executive's power can promote balance.

Article 368

•  Comment: 'Article 368 does not enable Parliament to alter the basic structure or framework of the Constitution'. (16/10)

Introduction

•  Whether Article 368 empowers Parliament to alter the basic structure or framework of the Constitution has been a subject of significant constitutional debate in India. 

Understanding Article 368

•  Constitutional Provision:

•  Article 368 grants the power to amend the Constitution.

•  It outlines the procedures for amendments, including special majorities in both Houses and, in certain cases, ratification by states.

The Doctrine of Basic Structure

•  Judicial Interpretation:

•  The doctrine of basic structure, articulated in the landmark case of Kesavananda Bharati v. State of Kerala (1973), asserts that there are certain core principles and features that form the bedrock of the Constitution.

•  These fundamental features constitute the basic structure and cannot be altered or amended.

Limitations on Parliament's Power

•  Judicial Prerogative:

•  The Supreme Court, through various judgments, has established that the power of Parliament to amend the Constitution is not absolute.

•  The judiciary reserves the authority to review and strike down amendments that violate the basic structure.

•  Kesavananda Bharati Case:

•  In the Kesavananda Bharati case, the Supreme Court held that while Parliament has the power to amend, this power does not extend to destroying or abrogating the essential features of the Constitution.

Components of the Basic Structure

•  Rule of Law:

•  The principle that the law applies equally to all citizens, including the government.

•  Any attempt to undermine the rule of law would be seen as an infringement on the basic structure.

•  Democracy:

•  The democratic framework, including free and fair elections and representative governance, is considered part of the basic structure.

•  Amendments that threaten the democratic fabric would face judicial scrutiny.

•  Judicial Review:

•  The power of the judiciary to review laws and government actions is considered an essential feature.

•  Any attempt to curtail or eliminate this power would be inconsistent with the basic structure.

Landmark Cases and Judicial Pronouncements

•  Indira Gandhi v. Raj Narain (1975):

•  The case reinforced the idea that even during emergencies, the core principles of the Constitution must be upheld.

•  Waman Rao Case (1981):

•  Emphasized that amendments altering the Constitution's identity or destroying its basic structure would be subject to judicial review.

Amendments Challenged and Struck Down

•  39th Amendment (1975):

•  Attempted to immunize legislations related to elections from judicial review.

•  Struck down as it violated the basic structure of democracy and free and fair elections.

•  42nd Amendment (1976):

•  The attempt to alter the Preamble and dilute the power of judicial review was challenged.

•  Certain provisions were invalidated by the judiciary.

Contemporary Relevance and Debate

•  Evolving Interpretation:

•  The concept of the basic structure continues to evolve, and the judiciary adapts its interpretation based on contemporary challenges.

•  Constitutional Amendments:

•  Amendments that may impact the basic structure are often subjects of intense legal scrutiny and public debate.

Conclusion

While Article 368 grants Parliament the authority to amend the Constitution, the doctrine of basic structure imposes inherent limitations. The judiciary, through landmark decisions, has asserted its role in safeguarding the essential features that constitute the Constitution's bedrock. The delicate balance between parliamentary powers and the preservation of the basic structure remains a cornerstone of India's constitutional jurisprudence.

Supreme Court verdict in Golaknath and Keshavananda Bharati Cases

•  Examine the significance of the verdicts of the Supreme Court in the Golaknath and Kashavananda Bharati cases for an understanding of the scope of Article 368 in regard to Fundamental Rights. (13/20)

Introduction

The Supreme Court verdicts in the Golaknath and Kesavananda Bharati cases have had profound implications for interpreting the scope of Article 368 concerning Fundamental Rights in the Indian Constitution. 

Golaknath Case (1967)

•  Context:

•  The Golaknath case centered around the Parliament's power to amend Fundamental Rights under Article 368.

•  Verdict's Significance:

•  The Supreme Court, in a 6-5 majority decision, held that Parliament could not amend Fundamental Rights through its amending power under Article 368.

•  Key Takeaways:

•  Established that Fundamental Rights are outside the amending power of Parliament.

•  Reinforced a rigid interpretation of the Constitution.

Impact on Fundamental Rights

•  Freezing Fundamental Rights:

•  The Golaknath verdict led to a freeze on any amendments that sought to alter or abridge Fundamental Rights.

•  Shift in Constitutional Dynamics:

•  Altered the understanding of the relationship between Parliament's amending power and the protection of Fundamental Rights.

Kesavananda Bharati Case (1973)

•  Context:

•  Kesavananda Bharati challenged the government's attempt to acquire his property under the Kerala Land Reforms Act.

•  Verdict's Significance:

•  The Supreme Court, in a landmark 7-6 decision, upheld the government's right to acquire property but introduced the doctrine of basic structure.

•  Key Takeaways:

•  Introduced the concept that while Parliament can amend the Constitution, it cannot alter its basic structure.

Doctrine of Basic Structure

•  Definition:

•  The basic structure comprises essential features of the Constitution that cannot be amended or abrogated.

•  Ensures the core identity and values of the Constitution remain intact.

•  Judicial Review and Limited Amending Power:

•  The Kesavananda Bharati case affirmed the judiciary's role in reviewing constitutional amendments that affect the basic structure.

Impact on Article 368

•  Reinterpretation of Article 368:

•  The verdict clarified that while Parliament has the power to amend, this power is not unlimited, especially concerning Fundamental Rights.

•  Preservation of Fundamental Rights:

•  The Kesavananda Bharati case ensured that Fundamental Rights remained protected from arbitrary amendments.

Contemporary Relevance

•  Guiding Principle:

•  The Kesavananda Bharati case has become a guiding principle in constitutional jurisprudence.

•  Balance Between Parliament and Judiciary:

•  Ensures a delicate balance between Parliament's legislative authority and the judiciary's duty to protect the Constitution's core values.

Post-Kesavananda Developments

•  Emergency and Judicial Independence:

•  The judiciary's role in preserving constitutional values became evident during the Emergency when the Supreme Court asserted the independence of the judiciary.

•  Post-Kesavananda Amendments:

•  Subsequent amendments were tested against the doctrine of basic structure, showcasing the enduring impact of the Kesavananda Bharati case.

Conclusion

The Supreme Court verdicts in the Golaknath and Kesavananda Bharati cases significantly shaped the understanding of the scope of Article 368 concerning Fundamental Rights in the Indian Constitution. While Golaknath froze amendments to Fundamental Rights, Kesavananda Bharati introduced the doctrine of basic structure, ensuring the preservation of core constitutional values. 

These judgments, together, have established a nuanced framework for the interplay between Parliament's amending power and the protection of Fundamental Rights, contributing to the robustness of India's constitutional democracy.

Conclusion

•  Strengthening Legislative Independence: Implement measures to strengthen the autonomy of the legislature, ensuring that it can exercise its oversight and legislative functions without undue influence from the executive.

•  Promoting Checks and Balances: Enhance checks and balances within the government by reinforcing the judiciary's independence, supporting a vigilant media, and fostering an active civil society.

•  Constitutional Reforms: Consider constitutional reforms that clearly define the separation of powers and the roles of the executive and the legislature. Ensure that the constitution protects the legislative authority.

•  Public Awareness and Education: Promote civic education and public awareness about the importance of a robust legislature in a democracy. Encourage informed and engaged citizens who can demand accountability.

•  Electoral Reforms: Implement electoral reforms to enhance the representational aspects of the legislature, ensuring that the interests of diverse sections of society are adequately represented.

•  Strengthening Committees: Empower parliamentary committees to play a more active role in oversight, including scrutinizing the executive's actions and policies.

•  Promoting a Culture of Accountability: Encourage a culture of accountability at all levels of government, where elected representatives and officials are held responsible for their actions and decisions.

•  Regular Monitoring and Evaluation: Continuously monitor and evaluate the performance of the legislature to identify weaknesses and areas in need of improvement.