Political Science Test-03

SCORE
Test-3
POLITICAL SCIENCE
TEST SERIES
IAS - 2017
BY Dr. PIYUSH CHAUBEY

Test - 03
POLITICAL SCIENCE
Time Allowed: 3 hr. Max. Marks: 250
1. All questions are compulsory to attempt:

(a) Criticism of directive principles
(b) Martial law and fundamental rights
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(c) What is the political-institutional perspective of the Indian State?
(d) Radical humanist perspective of Freedom struggle
2. Attempt all questions:
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(a) Nationalist struggle against Colonialism has profound impact on the evolution of Peasant
and Worker class movement as well. Discuss their evolution with emphasis on response
of Congress leadership towards these movements.
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(b) Analyse the various objectives of Nationalist strategy during freedom struggle. Elaborate
specifically on the nature of socialist perspective of the movement and its role in social
transformation.
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(a) What was the contribution of Communist perspective in Indian Freedom struggle?
(b) What was the controversy regarding preamble being a part of the constitution? Elaborate
on the significance of the preamble with special references to views of constitutional
experts.
(c) What are the major criticisms of the constitutional amendment procedure in India?
(a) What is rationale behind the provision of Public Interest Litigation? What are its various
criteria's evolved through time regarding admittance and entertaining of PIL by Indian
courts?
(b) What are the major areas of concern pointed out in the report of the NCRWC (National
commission to Review the Working of the Constitution).
5. All questions are compulsory to attempt:
(a) Functional criticism of Indian CAG.
(b) Analyse the Challenges to the successful functioning of Local Self Governing institutions
after the enactment of 73rd and 74th Amendment.
(c) Organizational Structure and jurisdiction of Subordinate Courts in India.
(d) Why was the system of proportional representation not adopted for election of members to
loksabha?
Political Science [1]

(a) Examine in detail the role of media in determining electoral behaviour with suitable
examples and special reference to Government Media.
(b) Briefly illustrate the functions of the Public Accounts Committee and what factors have
limited its performance since its inception?
(c) Discuss pardoning power of president, what are major guideline laid down by Supreme
Court in difference cases?
(a) Elaborate point wise on the various recommendations made by Sarkaria, Rajmannar and
Punchhi Commission regarding various provisions of the Indian Constitution.
(b) What is the background of the Special Status of Jammu and Kashmir and its specific
provisions? What is the importance of Article 370 in this regard? Examine.

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OR
(a) Working of election commission and ongoing electoral reforms is a step forward in Indian
democracy, elucidate.
(b) The evolving profile of legislators in Indian parliament offers both opportunities and
challenges. Discuss. How has the changing nature of leadership in parliament affected its
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efficiency?
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
[ 2 ] Political Science
Test - 03
POLITICAL SCIENCE
Time Allowed: 3 hr. Max. Marks: 250
Instructions to Candidate
• There are EIGHT questions. Candidate has to attempt FIVE questions in all.
• Question no. 1 and 5 are compulsory and out of the remaining, THREE are to be attempted.
• Answers must be written in the medium authorized in the Admission certificate which must
be stated clearly on the cover of this Question-cum-Answer (QCA) booklet in the space
provided. No marks will be given for answers written in medium other than the authorized
one.
• Word limit in questions, wherever specified, should be adhered to.
• Attempts of questions shall be counted in chronological order. Unless struck off, attempt of
a question shall be counted even if attempted partly. Any page or portion of the page left
blank in the answer book must be clearly struck off.
Name _______________________________
Mobile No.___________________________
1. Invigilator Signature _______________ Date ________________________________
2. Invigilator Signature _______________ Signature ____________________________
2
REMARKS
Remarks
3
Roll No.____________
1. All questions are compulsory to attempt: (125-150 Words) (12.5 × 4 = 50)
(a) Criticism of directive principles
(b) Martial law and fundamental rights
(c) What is the political-institutional perspective of the Indian State?
(d) Radical humanist perspective of Freedom struggle
Remarks
4
Remarks
5
Remarks
6
Remarks
7
Remarks
8
Remarks
9
Remarks
10
Remarks
11
2. Attempt all questions: (250-300 Words) (25 × 2 = 50)
(a) Nationalist struggle against Colonialism has profound impact on the evolution of
Peasant and Worker class movement as well. Discuss their evolution with emphasis
on response of Congress leadership towards these movements.
(b) Analyse the various objectives of Nationalist strategy during freedom struggle.
Elaborate specifically on the nature of socialist perspective of the movement and its
role in social transformation.
Remarks
12
Remarks
13
Remarks
14
Remarks
15
Remarks
16
Remarks
17
Remarks
18
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19
(a) What was the contribution of Communist perspective in Indian Freedom struggle?
(200 Words) (15 Marks)
(b) What was the controversy regarding preamble being a part of the constitution?
Elaborate on the significance of the preamble with special references to views of
constitutional experts. (250 Words) (20 Marks)
(c) What are the major criticisms of the constitutional amendment procedure in India?
(200 Words) (15 Marks)
Remarks
20
Remarks
21
Remarks
22
Remarks
23
Remarks
24
Remarks
25
Remarks
26
Remarks
27
(a) What is rationale behind the provision of Public Interest Litigation? What are its
various criteria's evolved through time regarding admittance and entertaining of PIL
by Indian courts?
(b) What are the major areas of concern pointed out in the report of the NCRWC
(National commission to Review the Working of the Constitution).
Remarks
28
Remarks
29
Remarks
30
Remarks
31
Remarks
32
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33
Remarks
34
Remarks
35
5. All questions are compulsory to attempt: (100-125 Words) (12.5 × 4 = 50)
(a) Functional criticism of Indian CAG.
(b) Analyse the Challenges to the successful functioning of Local Self Governing
institutions after the enactment of 73rd and 74th Amendment.
(c) Organizational Structure and jurisdiction of Subordinate Courts in India.
(d) Why was the system of proportional representation not adopted for election of
members to loksabha?
Remarks
36
Remarks
37
Remarks
38
Remarks
39
Remarks
40
Remarks
41
Remarks
42
Remarks
43
(a) Examine in detail the role of media in determining electoral behaviour with suitable
examples and special reference to Government Media. (200 Words) (15 Marks)
(b) Briefly illustrate the functions of the Public Accounts Committee and what factors
have limited its performance since its inception? (250 Words) (20 Marks)
(c) Discuss pardoning power of president, what are major guideline laid down by
Supreme Court in difference cases? (200 Words) (15 Marks)
Remarks
44
Remarks
45
Remarks
46
Remarks
47
Remarks
48
Remarks
49
Remarks
50
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51
7. A ttempt al l questi ons: (250-300 Words) (25 × 2 = 50)
(a) El aborate poi nt w i se on the vari ous recommendati ons made by Sark ari a, Raj mannar
and Punchhi Commi ssi on regardi ng vari ous provi si ons of the I ndi an Consti tuti on.
(b) What i s the back ground of the Speci al Status of Jammu and K ashmi r and i ts speci f i c
provi si ons? What i s the i mportance of A rti cl e 370 i n thi s regard? Exami ne.
Remarks
52
Remarks
53
Remarks
54
Remarks
55
Remarks
56
Remarks
57
Remarks
58
Remarks
59
(a) Working of election commission and ongoing electoral reforms is a step forward in
Indian democracy, elucidate.
(b) The evolving profile of legislators in Indian parliament offers both opportunities
and challenges. Discuss. How has the changing nature of leadership in parliament
affected its efficiency?
Remarks
60
Remarks
61
Remarks
62
Remarks
63
Remarks
64
Remarks
65
Remarks
66
Remarks
Mains Test Series 2017
www.iasscore.in
POLITICAL SCIENCE
Answer Hints: Test No.3
1. (a) Criticism of directive principles
CRITICISM OF THE DIRECTIVE PRINCIPLES
The Directive Principles of State Policy have been criticised by some members of the Constituent
Assembly as well as other constitutional and political experts on the following grounds:
1. No Legal Force
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The Directives have been criticised mainly because of their non-justiciable character. While K T
Shah dubbed them as ‘pious superfluities’ and compared them with ‘a cheque on a bank, payable
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only when the resources of the bank permit’, Nasiruddin contended that these principles are ‘no
better than the new year’s resolutions, which are broken on the second of January’. Even as T T
Krishnamachari described the Directives as ‘a veritable dust-bin of sentiments’, K C Wheare called
them as a ‘manifesto of aims and aspirations’ and opined that they serve as mere ‘moral homily’,
and Sir Ivor Jennings thought they are only as ‘pious aspirations’.
2. Illogically Arranged
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Critics opine that the Directives are not arranged in a logical manner based on a consistent philosophy.
According to N Srinivasan, ‘the Directives are neither properly classified nor logically arranged.
The declaration mixes up relatively unimportant issues with the most vital economic and social
questions. It combines rather incongruously the modern with the old and provisions suggested by
the reason and science with provisions based purely on sentiment and prejudice’. Sir Ivor Jennings
too pointed out that these principles have no consistent philosophy.
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3. Conservative
According to Sir Ivor Jennings, the Directives are based on the political philosophy of the 19th
century England. He remarked: ‘The ghosts of Sydney Webb and Beatrice Webb stalk through the
pages of the text. Part IV of the Constitution expresses Fabian Socialism without the socialism’. He
opined that the Directives ‘are deemed to be suitable in India in the middle of the twentieth century.
The question whether they are suitable for the twenty-first century cannot be answered; but it is
quite probable that they will be entirely out moded.’
4. Constitutional Conflict
K Santhanam has pointed out that the Directives lead to a constitutional conflict (a) between the
Centre and the states, (b) between the President and the Prime Minister, and (c) between the governor
and the chief minister. According to him, the Centre can give directions to the states with regard to
the implementation of these principles, and in case of non-compliance, can dismiss the state
government. Similarly, when the Prime Minister gets a bill (which violates the Directive Principles)
passed by the Parliament, the president may reject the bill on the ground that these principles are
fundamental to the governance of the country and hence, the ministry has no right to ignore them.
The same constitutional conflict may occur between the governor and the chief minister at the state
level.
Hints: Political Science [1]

1. (b) Martial law and fundamental rights
Article 34 provides for the restrictions on fundamental rights while martial law is in force in any
area within the territory of India. It empowers the Parliament to indemnify any government servant
or any other person for any act done by him in connection with the maintenance or restoration of
order in any area where martial law was in force. The Parliament can also validate any sentence
passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.
The Act of Indemnity made by the Parliament cannot be challenged in any court on the ground of
contravention of any of the fundamental rights. The concept of martial law has been borrowed in
India from the English common law. However, the expression ‘martial law’ has not been defined
anywhere in the Constitution. Literally, it means ‘military rule’. It refers to a situation where civil
administration is run by the military authorities according to their own rules and regulations framed
outside the ordinary law. It thus imply the suspension of ordinary law and the government by
military tribunals. It is different from the military law that is applicable to the armed forces.
There is also no specific or express provision in the Constitution that authorises the executive to
declare martial law. However, it is implicit in Article 34 under which martial law can be declared in
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any area within the territory of India. The martial law is imposed under the extraordinary
circumstances like war, invasion, insurrection, rebellion, riot or any violent resistance to law. Its
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justification is to repel force by force for maintaining or restoring order in the society.
During the operation of martial law, the military authorities are vested with abnormal powers to
take all necessary steps. They impose restrictions and regulations on the rights of the civilians, can
punish the civilians and even condemn them to death. The Supreme Court held that the declaration
of martial law does not ipso facto result in the suspension of the writ of habeas corpus.
1. (c) What is the political-institutional perspective of the Indian State?
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The evolution of any civilisation depends on the formations and functioning of its institutional
systems, the interplay of which allows the constituents of the society to pursue prosperity and
happiness. The nature of these institutional systems and structures provide the fountainhead for
ideas like democracy to germinate and flourish. However, as witnessed all over the world especially
after the World War-II, preaching and eulogising about democracy as the ideal political system is
much easier than practising and adopting it with all its limitations-political and otherwise. Most of
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the nation’s practise democracy in some form or the other and the differences exist only in the scale,
times and methods employed the ingredients that make a nation democratic are so diverse and
complex that the process or art of perfecting democracy would always be a work-in-progress. The
nature of inclusive institutional systems, degree of economic and political freedom could always be
refined and taken to the next level, where the benefits out of such evolution would be, at least,
marginally higher than its previous level.
The United States of America, which attained Independence way back in 1776, is believed to be
having the most-evolved form of democracy. Comparatively, the World’s largest democracy, India
has a system that is not as perfect or as evolved as the US. The U.S has a better and more inclusive
democratic structure than India. This may be attributed to the high degree of political and economic
freedom the US citizens enjoy compared to India, where citizens at best enjoy better political freedom
than economic freedom. Nevertheless, both the nations may have to consider their respective
democratic set-up as one that could still be substantially improved upon. While countries like the
US could continue to work on the political, social and economic elements of democracy, nations
like India would have to work on all the three main elements of democracy.
The constitution of a country is the foundation for establishing the guiding principles for its inclusive
institutional framework, which determines the endeavour of its citizens. As many nations have
drafted their constitution based on the basic human values and principles practiced in other nations,
inclusiveness has to be a definite outcome of a constitution. However, factors like ethos, history,
[ 2 ] Hints: Political Science
cultural values of each nation also substantially decide the character of a nation. It is these basic yet
significant elements that determine the nature, quality and direction of the democratic system
practised in a nation.
India, like other democracies, has come a long way during the last 65 years to make its democracy
more inclusive. Unlike some of other nations, India has a strongly worded, well written and longest
constitution in the world. As Dr.Pratap Bhanu Mehta rightly says that “the Indian constitution
was self-consciously anti-revolutionary. This is manifest in all the debates in the Constituent Assembly
at that time; its members knew very well that change would be slow and gradual. The political
culture was one of democratic argument and decision-making based on consensus, initially embodied
in the structure of the….practices of coalition politics”.
Though the achievements in practising and perfecting democracy in India in the last 65 years may
seem to be less satisfactory, the achievements in the three main spheres of democracy are worth
cherishing. Improvements in the quality of freedom in the political and economic elements of the
nation are considerable during this period. In a way, the relative success of Indian democracy is
amazing considering the orderly interaction of the seemingly disorderly components of its society,
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polity and economy, primarily due to its cultural, linguistic and traditional complexities and
diversities.
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Noted Indian historian Dr. Ramachandra Guha in his famous book “India after Gandhi: The History
of the World’s Largest Democracy” describes at least five social forces which are of pre-eminence in
the social landscape of contemporary India after Independence. All these complex elements of
class, religion, language, caste and gender are highly interdependent and the interplay of these
factors shapes the society and its democratic institutions.
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According to Dr. Guha, “contemporary India is a democracy based on adult suffrage, with a free
press and a largely independent judiciary. At no other time or place in human history have social
conflicts been so richly diverse, so vigorously articulated, so eloquently manifest in art and literature,
or addressed with such directness by the political system and the media”. Besides these social
elements, there are also other economic and political elements that eventually guide the formation
and functioning of the institutional structure and systems of the democracy. The differences and
incompatibilities between these elements create the intricacies and shortfalls in the constitutionally
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created democratic institutions, which determine the quality and extent of democracy that prevails
in the country. Further, Dr. Guha goes on to say that “democracy in India will turn out to be ‘more
significant’ than comparable experiments in West”. This kind of optimism and faith is based on the
strength of some of the successful and independent democratic institutions like the Supreme Court,
Election Commission, Comptroller and Auditor General, etc.
India started out with highly inclusive political institutions since it adopted democracy with universal
suffrage at independence. But extractive economic institutions, inherited from the British, were
made more so by economic controls.” It is because of the control raj in economic domain especially
during the period 1966-1977, that the Western pundits painted a gloomy picture about democracy
in India. As always in the past, Indian history disproved them once again. Indeed, the experiments
with democracy in India have become deeply established in the realm of society, polity and economy,
especially during the last twenty years and it would only continue in this direction for few more
decades, at least. The positive trend augurs well for the future of democracy in the country that
would satisfy the aspirations of the emerging young and energetic India. However, caution is required
on one key element, economic freedom. A multifaceted country like India could not aspire to become
an ideal democracy unless the degree of political and economic freedom is high. Any mismatch
between the degree of freedom in society, polity and economy would stymie the evolution and
strengthening of the institutional structures and systems that support democracy.
1. (d) Radical humanist perspective of Freedom struggle
Though M.N. Roy has played no less significant role in the national movement of the country as
champion of left wing ideology, yet his role and view point has not drawn much attention of the
people. To begin with he was strong supporter of Marxism and Marxian philosophy. In his ‘India in
Transition’ he went to the extent of saying that Marxism could only provide solution to India’s
constitutional problems. He believed that India’s freedom struggle should be fought on class lines.
He very clearly pointed out shortcomings of his political ideology. He pointed out that Gandhian
programme of action lacks economic programme which could win the support of masses. Then he
pointed out that he wanted to do an impossible task of uniting the peasants and landlords and also
employers and workers. He also criticised Gandhiji’s economics of Charkhra.But at the same time,
he appreciated Gandhiji’s role for the use of mass for national struggle, consolidation of Indian
National Congress and adoption of techniques of non-co-operation, non-payment of taxes and civil
disobedience.
He felt that basic weakness of Indian National Congress was that it had practically no theoretical
foundations and followed irrational religious notions. He favoured bringing radical changes in the
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Indian National Congress. In 1922, he prepared a detailed programme for the consideration of
Indian National Congress. In this he proposed nationalisation of railways, mines, and water ways
and suggested that the aim of the Congress party should be complete national independence from
British domination.
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Instead of standing armies there should be national militia and each labourer should get certain
minimum wages. He also favoured 8 hour day for workers. All public utilities should be nationalised
and election of National Assembly should be held on adult franchise basis. In his scheme he also
provided establishment of Federal Republic of India in which religion and politics should not be
mixed but kept separate. Provision should be made for free compulsory education. He stood for
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abolition of landlordism and distribution of land, thus, available should be distributed among the
peasants.
The workers should be given in all industries a share in the profit and in all industrial Workers’
Councils should be set up. Roy also wanted that workers’ right to go on strike should be recognised.
They should also have legal right to form trade unions. The cultivators should be given cheap credit
through State Agriculture Co-operative Banks which should be set up by the government. Agriculture
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should be modernised.
Roy suggested that in order to achieve these objectives country wide disobedience movements should
be started and organisation of national volunteers should be set up. He suggested that the Congress
party should support all strikes both financially and politically. Mass demonstrations should also be
organised. But his programme did not receive much attention of the Congress.
But even then he favoured Congress programme of boycotting Simon Commission and appreciated
Lahore Congress resolution of full freedom for India. After coming out from jail in 1936, he decided
to infiltrate in the Congress and capture its leadership. He believed that, “The left wing radicals
should make a determined effort to forge themselves into a party with a scientific programme of
national revolution. The formation of a Congress left wing into a well disciplined and functioning
party is correct approach to Congress rank and file by the cadre of convinced Marxists.”
He criticised Gandhian philosophy of Ahimsa and Satyagrah and instead in 1939 he organised the
League of Radical Congressmen. In order to capture the leadership of Indian National Congress in
1940, he contested for the Presidentship of the party but was defeated. Thereafter he formed a
separate party called Radical Democratic Party. In 1941 he organised Indian Federation of Labour.
While pointing out the need and necessity of forming a separate party he said that it was impossible
for revolutionary forces to organise themselves into a political party inside the Congress. During
World War II he pleaded that Allied forces should be helped because these were fighting against
the Fascists. He appealed to the people of India to come forward to whole-heartedly support British
government in its war efforts. He was opposed to Quit India movement of the Congress party. He
was happy with the winning of 1945 election in England by Labour party. He condemned both
Cabinet Mission proposals and Mountbatten plan. Because of his not strictly adhering to any political
line of thinking Roy and his followers could not show their impact on country‘s freedom struggle.
They could not prepare a scheme which could appeal the masses and as such they could not get
any following. Roy was disowned both by the Marxists and the Congressmen. His denouncing
Gandhian approach and philosophy took him away from Gandhians and that gave great set back
to his ideology. But he received great set back when during Second World War much against the
mood of the people of India he appealed to them to whole-heartedly support British government in
its war efforts. He lost their appreciation and was pushed in the background.
2. (a) Nationalist struggle against Colonialism has profound impact on the evolution of
Peasant and Worker class movement as well. Discuss their evolution with emphasis
on response of Congress leadership towards these movements.
The formation of the U.P. Kisan Sabha in February 1918 marked a watershed development in the
history of peasant movements in India. Around this time the kisans started exhibiting political
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consciousness. They began taking part in nationalist struggles. Their organizations emerged under
their own leadership for the achievement of their programmes and objectives. It does not mean that
before 1918 there were no peasant movements. In fact there were many. But these movements had
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narrow and local aims and were devoid of any proper understanding of colonialism or any conception
of an alternative society. A conception that could unite people in a common struggle on an all India
basis and sustain any long term political movement was absent.
Among the major peasant movements of the nineteenth century was the Indigo Revolt of 1859-60.
Indigo was used as a dye for the cotton clothes manufactured by factories in England. Almost all
the indigo planters were Europeans and they forced the peasants to grow indigo on the best part of
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their land Most of the magistrates were also Europeans and in case of any dispute they used to side
with the planters. The indigo revolts enveloped all the indigo-growing districts of Bengal by 1860.
The peasants joined together to raise funds to fight court cases filed against them. The planters
succumbed to combined pressure and closed their factories. The role of intelligentsia in the indigo
revolt was to have a lasting impact on the nationalist intellectuals. Din Bandhu Mitra’s play Neel
Darpan became famous for its vivid description of the exploitation by the planters.
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Between 1870 to 1880 large part of East Bengal witnessed agrarian unrest caused by efforts of
zamindars to enhance rent beyond legal limits. This they were doing to prevent the tenants from
acquiring occupancy rights under Act X of 1859. To achieve this objective they used coercive methods
like forced eviction and seizure of crops. In May 1873 an agrarian league was formed in Pabna
district to resist the demands of the zamindars. The tenants refused payment of enhanced rent and
raised funds to challenge the zamindars in courts. Many of the disputes were settled partly due to
government pressure and partly due to zamindar’s fear of being dragged into long drawn legal
battle by the united peasantry. The 1885 Bengal tenancy act was an attempt to address the worst
aspects of the zamindari system.
Poona and Ahmednagar districts of Maharashtra became theatres of major agrarian unrest in
1875. In these areas cotton prices had gone up in 1860s due to American civil war. When the civil
war ended cotton prices crashed. A fifty percent increase in rent by the government and a series of
bad harvests further compounded the woes of the peasants. The peasants had no option but to go
to the moneylenders. The moneylenders used this opportunity to tighten their grips on the peasants
and their lands. The peasants organized a complete social boycott of the moneylenders. They attacked
the houses of the moneylenders and also burnt the debt records.
In response to this unrest the government brought the Deccan Agriculturists Act in 1879. Among
other important peasant movements in other parts of the country in the nineteenth century were
the Mappila outbreak in the Malabar region and the Kuka revolt of Punjab.
Peasant movements in the twentieth century were distinct from those of nineteenth century. Now
both the peasant movements and the freedom struggle started influencing each other. Three major
movements emerged in the second and third decades of the twentieth century. The Kisan Sabha
and Eka movement in the Avadh area of U.P., the Mappila rebellion in the Malabar region and the
famous Bardoli Satyagraha in Gujarat.
In U.P. the peasants were faced with the problems of exorbitant rent, illegal levies, begar [unpaid
labour] bedakhli [ejectment]. The hefty increase in price of commodities after the war had further
added to their problems. The U.P. Kisan Sabha was formed in1918 and by June 1919 it had set up
450 branches in the province. To address to some of these demands. Towards the end of 1921
another movement grew in some areas of Avadh under the name of Eka [unity] movement. The
main cause of discontent was that the rent in these areas of Avadh was 50% higher than recorded
rent. Severe repression by the government brought this movement to an end.
The Malabar area of Kerala, which had witnessed disturbance even in the nineteenth century in
August 1921, witnessed rebellion by Mappila [Muslim] tenants. Nambudri Brahmins landlords
exploited the Mappila tenants. This rebellion had started as an anti-government anti-landlords
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affair but acquired communal colours. It was crushed ruthlessly by the government.
Another important struggle of the peasantry broke out in 1928-29. A thirty percent increase in rent
was recommended in the Bardoli taluka of the Surat district in 1926. The peasantry fought under
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the able leadership of Sardar Patel. theThe peasants fought and forced the government to withdraw
the increase in rent.
The 1930s witnessed a countrywide awakening of Indian peasants. The economic depression of
1929-30 and consequent drastic fall in prices of agricultural commodities had badly hit the income
of the peasants. But the government and the Zamindars refused to bring down tax and rent. There
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was a spurt in peasant movements in U.P., Andhra and Bihar. The left ideology propagated by J.L.
Nehru, Subhash Bose and the communists was gaining in influence. The leftists underlined the
need of an independent class organization of peasants. The All India Kisan Sabha was formed in
1936 with Sahjanand, the founder of Bihar Kisan Sabha as president and N.G. Ranga, the founder
of Andhra Kisan movement as secretary.
The birth of an all India organization representing the aspirations and common demands of peasants
from all over the country was a development of great significance. The Indian national congress
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shied away from raising the issues concerning the peasants more particularly the tenants living in
the zamindari areas.
According to Bipan Chandra Congress did not want to weaken Indian nationalism, by dividing
our people in political groups based on different economic interests. In 1930 the eleven-points
submitted to the British government by Gandhi did not include the main demands of the peasants
like reduction of rents and redemption of agricultural indebtedness. The Historical Background
formation of the Congress ministries in a majority of the provinces raised the expectations of the
peasants. These ministries brought many legislations aiming at debt relief, restoration of land lost
during depression and security of tenures to the tenants. These steps did not affect the conditions of
peasants belonging to lower strata. Many Kisan leaders were arrested and their meetings banned.
The congress was accused of being anti-peasant. The radical elements within the Kisan Sabha
accused the congress of siding with the capitalists and zamindars.
After the end of world war second when independence appeared imminent the peasants started
asserting their rights. The demand of zamindari abolition was raised with a great sense of urgency.
In Telangna the peasants organized themselves to resist the landlord’s oppression and played an
important role in the anti Nizam struggle. In 1946 the Bengal provincial Kisan Sabha led the
movement of the share croppers who wanted to pay only one third of their crop any more to the
jotedars. This movement as Tebhaga movement.

2. (b) Analyse the various objectives of Nationalist strategy during freedom struggle. Elaborate
specifically on the nature of socialist perspective of the movement and its role in social
transformation.
Large elements of the nationalist strategy were evolved during the Moderate and the Extremist
phases of the movement; it was structured and came to fruition during the Gandhian phase of the
movement and in Gandhiji’s political practice.
• At the very outset, it is to be noted that the nationalist strategy was based on the specific
nature and character of British rule and the colonial state. While fully grasping the exploitative
and dominational character of colonial rule, Indian leaders also realized that the colonial
state was semi-hegemonic, and semi-authoritarian in character
• The colonial state was established by force and force remained its ultimate sanction. Naked
force was often used to suppress peaceful movements. But it was not based just on force.
It was also based on the creation of certain civil institutions, such as elected assemblies, local
government institutions, courts, and schools and colleges, and, above all, on the rule of law.
It provided a certain amount of civil liberties in non-movement periods. Moreover, often,
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even while suppressing popular opposition, it observed certain rules of law and codes of
administration. In other words it was semi-democratic, semi-authoritarian.
•
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The semi-hegemonic character of the colonial state arose from the fact that it relied very
heavily for the acquiescence of the Indian people in their rule on two notions carefully
inculcated over a long period of time. One was the notion that the foreign rulers were
benevolent and just, that they were the Mai-Baap of the people, that they were economically
and socially and culturally developing or ‘modernizing’ India.
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• The second notion was that the colonial rulers were invincible, that it was futile to oppose
them, that the Indian people were too weak and disunited to oppose them successfully, that
they would crush all opposition except to the extent they themselves permitted it, that all
opposition had, therefore, to proceed along constitutional lines. The colonial rulers also
offered constitutional, economic and other concessions to popular movements and did not
rely on their repression alone; they followed a policy of the carrot and the stick.
• It was in the context of and in opposition to this semi-hegemonic, semi-authoritarian colonial
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state that the national movement gradually evolved its strategy and tactics. The effectiveness
and validity of the nationalist strategy lay in the active participation of the masses in the
movement. The masses had, therefore, to be politicized and activated. The political passivity
of the masses, especially in the villages, consciously inculcated and nurtured by the colonial
authorities, was a basic factor in the stability of colonial rule. A major objective of the
movements of the Gandhian era was to bring the masses into active politics and political
action
• The second objective of the nationalist strategy was to erode the hegemony or ideological
influence of the colonial rulers inch by inch and in every area of life. Since the British did
not rule primarily by force but by a carefully organized belief system or ideology, it was
necessary to undermine and overthrow this belief system. The battle then had to be one of
ideas. The objective was to have more and more people adopt nationalist ideas and ideology.
• A major objective of the hegemonic colonial ideology was to hide the face of the real enemy
— colonialism — that is, to hide the primary contradiction between the interests of the
Indian people and colonialism. The basic task of the counter hegemonic nationalist movement
was to expose the face of the colonial enemy and the primary contradiction to the light of
day. Hence the most important element of nationalist strategy was its ideological-political
work.
• A third objective of the Congress strategy was to undermine the hold of the colonial state
on the members of its own state apparatuses — members of the civil services, the police and
the armed forces — and to win them over to the nationalist cause or at least to weaken their
loyalty and obedience to the colonial regime. The nationalist movement was, in fact, quite
successful in this task. Gradually, the behaviour of the police and jail officials underwent a
qualitative change. A large number of officials of all types actively helped the 1942 movement
at great personal risk.
• This as well as efforts to win the support of non-Congress leaders and public opinion within
India also aided the achievement of a fourth objective of the nationalist strategy: to constantly
expand the semi-democratic political space, and to prevent the colonial authorities from
limiting the existing space, within which legal activities and peaceful mass struggles could
be organized.
• The second major aspect of nationalist strategy was the long-drawn out character of the
hegemonic struggle. Under this strategy, which may be described as Struggle-Truce-Struggle
or S-T-S’, a phase of vigorous extra-legal mass movement and open confrontation with
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colonial authority was followed by a phase during which direct confrontation was withdrawn,
and political concessions, if any, wrested from the colonial regime were worked and shown
to be inadequate. During this latter, more ‘passive,’ phase, intense political and ideological
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work was carried on among the masses within the existing legal and constitutional framework,
and forces were gathered for another mass movement at a higher level. The culmination of
this strategy of S-T-S’ came with a call for ‘Quit India’ and the achievement of independence.
Both phases of the movement were utilized, each in its own way, to undermine colonial
hegemony, to recruit and train nationalist workers and to build up the people’s capacity to
struggle.
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• The entire political process of S-T-S’ was an upward spiralling one. This strategy also assumed
advance through stages. Each stage represented an advance over the previous one. At the
same time, it was realized that the task of national liberation was incomplete till state power
was transferred. Even an advanced stage of constitutional reforms did not mean that freedom
had been partially transferred. Freedom was a whole; till it was fully won, it was not won
at all. Any other view would tend to make Indians ‘partners’ of colonialism during the
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‘reform’ phases of the movement, and the national movement would tend to be co-opted by
the colonial state. The Indian nationalists avoided this trap by treating the non-mass movement
phases also as phases of political, anti-colonial struggle. The working of the reforms was not
equated with the working of the colonial system.
• A basic feature of the nationalist strategy was to move from stage to stage without getting
co-opted by the colonial regime which was opposed and struggled against at each stage.
Only the form of struggle changed. In the extra-legal mass movement phases, laws were
broken and civil disobedience was practised; in the non-mass movement or ‘passive’ phases,
there was mass agitation, intense ideological work, including extensive tours by leaders,
organization of public meetings on an extensive scale, and the organization of workers,
peasants and students and youth and their struggles, mostly by the left-wing, during the late
1920s and the 1930s. Thus, both types of phases were seen as political phases of the anti-
imperialist struggle, equally rich in anti-imperialist content, and parts of the same anti-
imperialist strategy. So the political struggle was perpetual, only its forms underwent change.
• The strategic perspective that there should be two types of phases of the national movement
was also based on the perception that though a mass movement needed a ‘standing army’
or ‘steel frame’ of whole time political workers, it could not be based only on them. Its real
striking power could come only from the masses. The national movement produced thousands

of these whole time workers who devoted their entire lives to the freedom struggle. They
spent their entire lives in jails, or Ashrams, or Khadi bhandars, or trade union and Kisan
Sabha offices.
• But while they played a crucial role in organizing and mobilizing the masses, the movement
had to be based on the masses. Consequently, recourse to a mass movement that confronted
the colonial state and then its shift to a phase of non-confrontation were an inherent part
of a strategy of political struggle that was based on the masses. The Gandhian strategy was
thus based on a specific understanding of the limits to which both the people and the
Government could go.
Socialist perspective of the movement and its role in social transformation.
• Socialism in India is a political movement founded early in the 20th century, as a part of the
broader Indian independence movement against the colonial British Raj. It grew quickly in
popularity as it espoused the causes of India’s farmers and labourers against the Zamindars,
princely class and landed gentry.
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• Small socialist revolutionary groups arose in India in the aftermath of the October Revolution
in Russia. The Communist Party of India was established in 1921, but socialism as an
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ideology gained a nationwide appeal after it was endorsed by nationalist leaders such as
Jawaharlal Nehru and Subhas Chandra Bose. Radical socialists were amongst the first to call
for outright Indian independence from Britain. Under Nehru, the Indian National Congress,
India’s largest political party, adopted socialism as an ideology for socio-economic policies
in 1936. Radical socialists and communists also engineered the Tebhaga movement of farmers
in Bengal against the landed gentry. However, mainstream Indian socialism connected itself
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with Gandhism and adopted peaceful struggle instead of class warfare.

• The Social consensus of the national movement was influenced by the values of social reform
and emancipation of the deprived sections of the society. It gave importance to the maxims
of “Reason” and “Humanism”. It primarily targeted the major social evils like Caste system,
Sati and Child marriage, Polygamy, idolatry, preventing widow remarriage etc.
• On the other hand, in the economic sphere, significant feature of the twentieth century was
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the development of Socialist ideas in Congress and outside it. Peasants now started asking
for land reforms, abolition of Zamindari system and reduction in the revenue and debt relief.
The All India Trade Union Congress which was founded in 1920 worked towards
improvement in the Workers’ working and living condition. It mobilized the workers to the
cause of complete independence which helped the movement to be broad based.
• Some of The prominent socialist and communist leaders were M.N. Roy, S.A. Dange, Abani
Mukhopadhyaya, Nalini Gupta, Muzaffar Ahmed, Shaukat Usmani, Gulam Hussain,
Singaravelu Chettair, G.M. Adhikari and P.C. Joshi. They outlined the course of the Revolution
through transformation of individual strike into a general political strike,
• The development of spontaneous peasant movements, a nationwide movement for complete
independence, as well as the spread of revolutionary propaganda amongst the police and
the army. Struggle against imperialism was the rallying slogan. In 1936, When Nehru was
the President of the Congress, he declared at the Lucknow Session That the solution to
India’s problems lay in the adoption of socialist ideas.
3. (a) What was the contribution of Communist perspective in Indian Freedom struggle?
The Communists too had very little impact on the freedom struggle of the country because their
ideology and method of struggle did not suit the people of India. The Communist party and individual

Communist leaders were practically nowhere in 1885, when Indian National Congress was founded
and even long after that till 1924, when Communist Party of India was founded.
• The party’s objective was to struggle for complete swaraj for the country in which there will
be common ownership over all means of production and distribution. These will be used for
the welfare of the masses. The Communists rejected Gandhian philosophy of non-violence
and in 1925 expressed their desire for independence from the control of Comintern.
• They made it clear that they were not their subordinates. They wanted that radical changes
should be brought in Congress party programmes. They were critical of both the Congress
and Swaraj party. They pleaded that the Congress party should follow policy of militant
mass action and policy of surrender and compromise should be discarded.
• They considered that Congress was at present under the influence of bourgeois leadership
from which it should be liberated. In 1926, Communists decided to work under the guidance
of Comintern and some Communist leaders even attended Sixth Congress of Communist
International held in September, 1928.
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• It decided to fight on two fronts for country’s freedom namely National bourgeoisie on the
one hand and British imperialism on the other. It was at this Communist International that
about India it was resolved that, “The Communist must unmask the national reformism of
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the Indian National Congress and oppose all the phases of the Swarajists and Gandhists,
etc., about passive resistance.”
• The Communists should fight against Gandhian ideology. Accordingly they criticised
Gandhian philosophy of Civil Disobedience movement for being not a struggle but a
manoeuvre of the Indian bourgeoisie to obtain concessions from imperialism. They believed
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that Gandhian programme diverted attention of the workers and peasants from their main
struggle against landlords and capitalists.
• But even then when important Congress leaders were arrested in Meerut Conspiracy case
Communist leaders did not favour this arbitrary move of the British government and formed
a Civil Defence Committee which included such prominent leaders, as Moti Lal Nehru,
Jawahar Lal Nehru, Dewan Chaman Lal and many others. Funds were also raised for
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fighting court case.

• Because of their negative approach towards Satyagrah, the Communist lost the appreciation
of masses and when their leaders were arrested in Meerut conspiracy case, they went out
of national mainstream. But those who were not arrested started a paper called ‘Workers
Weekly’ which pleaded that working class must form a political party and that they can
play effective role only if they are leaders in an organisation with which they are associated.
• The Communists in India favoured complete independence of India not with the help of
ahimsa or non-violence but with the use of violent methods. They wanted that all British
factories should be confiscated and then nationalised. No compensation should be paid for
confiscated lauds and other properties of landlords and other propertied classes.
• They also favoured nationalisation of banks, railways and all other major industries. All
debts, according to them, should be cancelled. The minorities should have right of self-
determination and native states should be abolished. An all India workers and peasants
Soviet Republic should be created.
• The government, however, did not favour the activities of the Communists in India and on
23rd July, 1934 it imposed a ban on the functioning of the party. The Communists now tried
to infiltrate in the Congress and some of them pleaded for constituting a united front of all
leftist forces so that a solid fight could be put against British Empire.
[10] Hints: Political Science
• They did not favourably view constitutional scheme embodied under the Government of
India Act, 1935. They were opposed to Federal pattern for India and also scheme of provincial
autonomy. The Communists had all along been condemning British government as an
imperialist and capitalist power which was exploiting the poor Indians. They wanted that
the aim of India’s freedom struggle should be that of throwing British out of India. But when
Soviet Russia joined Second World War on the sides of the Allies, the war became all of a
sudden people’s war.
• They appealed to the people of India to extend whole-hearted support to Britain in war
efforts. This completely alienated the sympathies of the people of India for the Communists
of India. They thus went out of main stream of national struggled. They also got a serious
push out when they declared Subhash Chandra Bose as traitor and openly condemned
Gandhian philosophy, particularly his policies of Satyagrah and Ahimsa. Thus, the party
could not leave much impact during the difficult days when the country was fighting for
winning freedom.
3. (b) What was the controversy regarding preamble being a part of the constitution? Elaborate
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on the significance of the preamble with special references to views of constitutional
experts.
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One of the controversies about the Preamble is as to whether it is a part of the Constitution or not.
In the Berubari Union case (1960), the Supreme Court said that the Preamble shows the general
purposes behind the several provisions of the Constitution, and thus a key to the minds of the
makers of the Constitution. Further, where the terms used in any article are ambiguous or capable
of more than one meaning, some assistance at interpretation may be taken from the objectives
enshrined in the Preamble. Despite this recognition of the significance of the Preamble, the Supreme
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Court specifically opined that the Preamble is NOT a part of the constitution.
In the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier opinion and held
that Preamble is a part of the Constitution. It is observed that the Preamble is a part of the Constitution.
It observed that the Preamble is of extreme importance and the Constitution should be read and
interpreted in the light of the grand and noble vision expressed in the Preamble. In the LIC of India
case (1995) also, the Supreme Court again held that the Preamble is an integral part of the
Constitution.
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Like any other part of the Constitution, the Preamble was also enacted by the Constitution Assembly,
but, after the rest of the Constitution was already enacted. The reason for inserting the Preamble at
the end was to ensure that it was in conformity with the Constitution as adopted by the Constituent
Assembly. While forwarding the Preamble for votes, the President of the Constituent Assembly
said, “The question is that Preamble stands part of the Constituent Assembly”. The motion was
then adopted. Hence, the current opinion held by the Supreme Court that the Preamble is a part of
the Constitution, is in consonance with the opinion of the founding fathers of the Constitution.
However, two things should be noted:
1. The Preamble is neither a source of power to legislature nor a prohibition upon the powers
of the legislature.
2. It is non-justiciable, that is, its provisions are not enforceable in courts of law.
Significance of the Preamble
The Preamble embodies the basic philosophy and fundamental values –political, moral and religious
–on which the constitution is based. It contains the grand and noble vision of the constituent assembly,
and reflects the dreams and aspirations of the founding fathers of the Constitution. In the words of
Sir Alladi Krishnaswamy Iyer, a member of the constituent assembly who played a significant role

in making the constitution, “The Preamble to our Constitution expresses what we had thought or
dreamt so long”. According to K M Munshi, a member of the Drafting Committee of the Constituent
Assembly, the
Preamble is the ‘horoscope of our sovereign democratic republic’.Pandit Thakur Das Bhargava,
another member of the Constituent Assembly, summed up the importance of the Preamble in the
following words: ‘The Preamble is the most precious part of the Constitution. It is the soul of the
Constitution. It is a key to the Constitution. It is a jewel set in the Constitution. It is a proper
yardstick with which one can measure the worth of the Constitution’.
Sir Ernest Barker, a distinguished English political scientist, paid a glowing tribute to the political
wisdom of the authors of the Preamble. He described the Preamble as the ‘key-note’ to the
Constitution. H e w as so moved by the text of the preamble that he quoted it at the opening of his
popular book, Principles of Social and Political Theory (1951).
M Hidayatullah, a former Chief Justice of India, observed, ‘Preamble resembles the Declaration of
Independence of the United States of America, but is more than a declaration. It is the soul of our
Constitution, which lays down the pattern of our political society. It contains a solemn resolve,
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which nothing but a revolution can alter.
3. (c) What are the major criticisms of the constitutional amendment procedure in India?
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CRITICISM OF THE AMENDMENT PROCEDURE
Critics have criticised the amendment procedure of the Constitution on the following grounds:
1. There is no provision for a special body like Constitutional Convention (as in USA) or
Constitutional Assembly for amending the Constitution. The constituent power is vested in
the Parliament and only in few cases, in the state legislatures.
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2. The power to initiate an amendment to the Constitution lies with the Parliament. Hence,
unlike in USA, the state legislatures cannot initiate any bill or proposal for amending the
Constitution except in one case that is, passing a resolution requesting the Parliament for the
creation or abolition of legislative councils in the states. Here also, the Parliament can either
approve or disapprove such a resolution or may not take any action on it.
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3. Major part of the Constitution can be amended by the Parliament alone either by a special
majority or by a simple majority. Only in few cases, the consent of the state legislatures is
required and that too, only half of them, while in USA, it is three-fourths of the states.
4. The Constitution does not prescribe the time frame within which the state legislatures should
ratify or reject an amendment submitted to them. Also, it is silent on the issue whether the
states can withdraw their approval after according the same.
5. There is no provision for holding a joint sitting of both the Houses of Parliament if there is
a deadlock over the passage of a constitutional amendment bill. On the other hand, a
provision for a joint sitting is made in the case of an ordinary bill.
6. The process of amendment is similar to that of a legislative process. Except for the special
majority, the constitutional amendment bills are to be passed by the Parliament in the same
way as ordinary bills.
7. The provisions relating to the amendment procedure are too sketchy. Hence, they leave a
wide scope for taking the matters to the judiciary.
Despite these defects, it cannot be denied that the process has proved to be simple and easy and has
succeeded in meeting the changed needs and conditions. The procedure is not so flexible as to allow
the ruling parties to change it according to their whims. Nor is it so rigid as to be incapable of
adopting itself to the changing needs. It, as rightly said by K C Wheare, ‘strikes a good balance
between flexibility and rigidity’. In this context, Pandit Jawaharlal Nehru said in the Constituent
Assembly, ‘While we want this Constitution to be as solid and permanent as we can make it, there
is no permanence in a Constitution. There should be a certain flexibility. If you make any Constitution
rigid and permanent, you stop the nation’s growth, the growth of a living, vital, organic people’.
Similarly, Dr B R Ambedkar observed in the Constituent Assembly that, ‘The Assembly has not
only refrained from putting a seal of finality and infallibility upon this Constitution by denying the
people the right to amend the Constitution as in Canada or by making the amendment of the
Constitution subject to the fulfilment of extraordinary terms and conditions as in America or
Australia, but has provided for a facile procedure for amending the Constitution’.
K C Wheare has admired the variety of amendment procedures contained in the Constitution of
India. He said, ‘this variety in the amending process is wise but rarely found’. According to Granville
Austin, ‘the amending process has proved itself one of the most ably conceived aspects of the
Constitution. Although it appears complicated, it is merely diverse’.
4. (a) What is rationale behind the provision of Public Interest Litigation? What are its
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various criteria's evolved through time regarding admittance and entertaining of PIL
by Indian courts?
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In Indian law, public interest litigation means litigation for the protection of the public interest. It is
litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any
other private party. It is not necessary, for the exercise of the court’s jurisdiction, that the person
who is the victim of the violation of his or her right should personally approach the court. Public
interest litigation is the power given to the public by courts through judicial activism. However, the
person filing the petition must prove to the satisfaction of the court that the petition is being filed for
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a public interest and not just as a frivolous litigation by a busy body.

Such cases may occur when the victim does not have the necessary resources to commence litigation
or his freedom to move court has been suppressed or encroached upon. The court can itself take
cognizance of the matter and proceed suo motu or cases can commence on the petition of any
public-spirited individual.
Origin & Development
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The seeds of the concept of public interest litigation were initially sown in India by Krishna Iyer J.
In 1976 in Mumbai Kamagar Sabha vs. Abdul Thai (AIR 1976 SC 1455; 1976 (3) SCC 832) and was
initiated in Akhil Bharatiya Social Karmchari Sangh (Railway vs Union of India, wherein an
unregistered association of workers was permitted to institute a writ petition under Art.32 of the
Constitution for the redressal of common grievances. Krishna lyer J., enunciated the reasons for
liberalization of the rule of Locus Standi in Fertilizer Corporation Kamgar vs. Union of India (AIR
1981 SC 149; 1981 (2) SCR 52) and the ideal of ‘Public Interest Litigation’ was blossomed in S.F.
Gupta and others vs. Union of India, (AIR 1982 SC 149).
Public Interest Litigation and Judicial Activism: Public interest litigation or social interest litigation
today has great significance and drew the attention of all concerned. The traditional rule of “Locus
Standi” that a person, whose right is infringed alone can file a petition, has been considerably
relaxed by the Supreme Court in its recent decisions. Now, the court permits public interest litigation
at the instance of public spirited citizens for the enforcement of constitutional o- legal rights. Now,
any public spirited citizen can move/approach the court for the public cause (in the interests of the
public or public welfare) by filing a petition:
1. In Supreme Court under Art.32 of the Constitution;
2. In High Court under Art.226 of the Constitution; and
3. In the Court of Magistrate under Sec.133, Cr. P.C.
Justice Krishna layer fertilizer Corporation Kamgar Union vs. Union of India, (1981) enumerated
the following reasons for liberalization of the rule of Locus Standi:-
1. Exercise of State power to eradicate corruption may result in unrelated interference with
individuals’ rights.
2. Social justice wan ants liberal judicial review administrative action.
3. Restrictive rules of standing are antithesis to a healthy system of administrative action.
4. “Activism is essential for participative public justice”.
Therefore, a public minded citizen must be given an opportunity to move the court in the interests
of the public.
In order to ensure that FRs did not remain empty declarations, the founding fathers made various
provisions in the Constitution to establish an independent judiciary. Provisions related to FRs, DPs
and independent judiciary together provided a firm constitutional foundation to the evolution of
PIL in India. The founding fathers envisaged ‘‘the judiciary as a bastion of rights and justice’’. An
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independent judiciary armed with the power of judicial review was the constitutional device chosen
to achieve this objective. The power to enforce the FRs was conferred on both the Supreme Court
and the High Courts—the courts that have entertained all the PIL cases.
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Merits:
1. In Public Interest Litigation (PIL) vigilant citizens of the country can find an inexpensive
legal remedy because there is only a nominal fixed court fee involved in this.
2. Further, through the so-called PIL, the litigants can focus attention on and achieve results
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pertaining to larger public issues, especially in the fields of human rights, consumer welfare
and environment.
Demerits:
1. The genuine causes and cases of public interest have in fact receded to the background and
irresponsible PIL activists all over the country have started to play a major but not a
constructive role in the arena of litigation. Of late, many of the PIL activists in the country
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have found the PIL as a handy tool of harassment since frivolous cases could be filed
without investment of heavy court fees as required in private civil litigation and deals could
then be negotiated with the victims of stay orders obtained in the so-called PILs.
2. The framers of Indian constitution did not incorporate a strict doctrine of separation of
powers but envisaged a system of checks and balances. Policy making and implementation
of policy are conventionally regarding as the exclusive domain of the executive and the
legislature. Vishaka v State of Rajasthan which was a PIL concerning sexual harassment of
women at work place. The court declared that till the legislature enacted a law consistent
with the convention on the Elimination of All Forms of Discrimination against Women
which India was a signatory, the guidelines set out by the court would be enforceable.
3. The flexibility of procedure that is a character of PIL has given rise to another set of problems.
It gives an opportunity to opposite parties to ascertain the precise allegation and respond
specific issues.
4. The credibility of PIL process is now adversely affected by the criticism that the judiciary is
overstepping the boundaries pf its jurisdiction and that it is unable to supervise the effective
implementation of its orders. It has also been increasingly felt that PIL is being misused by
the people agitating for private grievance in the grab of public interest and seeking publicity
rather than espousing public cause.
STEPS NECESSARY:
With the view to regulate the abuse of PIL the apex court it has framed certain guidelines (to govern
the management and disposal of PILs.) The court must be careful to see that the petitioner who
approaches it is acting bona fide and not for personal gain, private profit or political or other
oblique considerations. The court should not allow its process to be abused by politicians and others
to delay legitimate administrative action or to gain political objectives. There may be cases where
the PIL may affect the right of persons not before the court, and therefore in shaping the relief the
court must invariably take into account its impact on those interests and the court must exercise
greatest caution and adopt procedure ensuring sufficient notice to all interests likely to be affected.
At present, the court can treat a letter as a writ petition and take action upon it. But, it is not every
letter which may be treated as a writ petition by the court. The court would be justified in treating
the letter as a writ petition only in the following cases-
(i) It is only where the letter is addressed by an aggrieved person or
(ii) A public spirited individual or
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(iii) A social action group for enforcement of the constitutional or the legal rights of a person in
custody or of a class or group of persons who by reason of poverty, disability or socially or
economically disadvantaged position find it difficult to approach the court for redress.
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Even though it is very much essential to curb the misuse and abuse of PIL, any move by the
government to regulate the PIL results in widespread protests from those who are not aware of its
abuse and equate any form of regulation with erosion of their fundamental rights. Under these
circumstances the Supreme Court of India is required to step in by incorporating safe guards provided
by the civil procedure code in matters of stay orders /injunctions in the arena of PIL.
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Conclusion:
Public Interest Litigants, all over the country, have not taken very kindly to such court decisions.
They do fear that this will sound the death-knell of the people friendly concept of PIL. However,
bona fide litigants of India have nothing to fear. Only those PIL activists who prefer to file frivolous
complaints will have to pay compensation to then opposite parties. It is actually a welcome move
because no one in the country can deny that even PIL activists should be responsible and accountable.
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In any way, PIL now does require a complete rethink and restructuring. Anyway, overuse and
abuse of PIL can only make it stale and ineffective. Since it is an extraordinary remedy available at
a cheaper cost to all citizens of the country, it ought not to be used by all litigants as a substitute for
ordinary ones or as a means to file frivolous complaints.
4. (b) What are the major areas of concern pointed out in the report of the NCRWC (National
commission to Review the Working of the Constitution).
The following are the important areas of concern according to the perception of the Commission:
1. There is a fundamental breach of the constitutional faith on the part of Governments and
their method of governance lies in the neglect of the people who are the ultimate source of
all political authority. Public servants and institutions are not alive to the basic imperative
that they are servants of the people meant to serve them. The dignity of the individual
enshrined in the Constitution has remained an unredeemed pledge. There is, thus, a loss of
faith in the Governments and governance. Citizens see their Governments besieged by
uncontrollable events and are losing faith in institutions. Society is unable to cope up with
current events.
2. The foremost area of concern is the present nature of the Indian State and its inability to
anticipate and provide for the great global forces of change ushered in by the pace of
scientific and technological developments.
3. The next and equally important dimension is the increasing cost of government and fiscal
deficits which are alarming. In 1947, there was a deficit of ‘2 crores in the revenue budget;
in 1997–98, it became ‘88,937 crores; in 2001-02, it is about ‘1, 16,000 crores (4.8 per cent
of GDP). India is on its way to a debt-trap.
4. There is pervasive impurity of the political climate and of political activity. Criminalisation
of politics, political-corruption and the politician-criminal-bureaucratic nexus have reached
unprecedented levels needing strong systemic changes.
5. Issues of national integrity and security have not received adequate and thoughtful attention.
Mechanisms for the assessment of early warning symptoms of social unrest are absent.
Mechanisms for adequate and immediate state responses to emergencies and disaster
management are wholly inadequate. Administration, as a system for anticipating coming
events and planning responses in advance, has failed. It has become un-coordinated and
directionless amalgam of different departments often with over-lapping and even mutually
conflicting jurisdictions, powers and responsibilities which merely acts as a reaction to
problems. There are no clear-cut standards or basis for fixing responsibilities.
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6. Though India’s overall record and experience as a working democracy (despite many
centrifugal forces) are worthy to mention and though the bases of democratic debate have
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widened with the 73rd and 74th Constitutional amendments, the working of the institutions
of parliamentary democracy, however, have thrown-up serious fault-lines, which might, if
unattended, prove destructive of the basic democratic values.
7. There is pervasive misuse of the electoral process and the electoral system is unable to
prevent the entry of persons with criminal record into the portal of law-making institutions.
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8. The Parliament and the State Legislatures, owing to the inherent weakness of the electoral
system, have failed to acquire adequate representative character.
9. The increasing instability of the elected governments is attributable to opportunistic politics
and unprincipled defections. The economic and administrative costs of political instability
are unaffordably high and their impact on the polity is not clearly comprehended and
realized.
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Though just four Prime Ministers ruled the country for 40 years out of the 54 years of
independence and one political party alone was in power for 45 years, however, 1989
onwards the country saw five General Elections to the Lok Sabha. Costs of this political
instability are simply colossal.
10. The state of the Indian economy is disturbing. The economy is gradually sinking into a debt
trap. Economic, fiscal and monetary policies, coupled with administrative inefficiency,
corruption and wasteful expenditure are increasingly pushing the society into extra-legal
systems, crime-syndicates, mob-rule and hoodlum out-fits. Black-money, parallel economy
and even parallel governments are the overarching economic and social realities. Legitimate
governments will, in due course, find it increasingly difficult to confront them. In course of
time these illegal criminal out-fits will dictate terms to the legitimate governments.
11. Rural de-population, urbanization, urban-congestion and social unrest need immediate
attention and solutions. Increasing unemployment will prove a serious threat to orderly
government.
12. Future of society is increasingly knowledge-based and knowledge-driven. The quality of
education and the higher research need urgent repair. The country is engaged in a unilateral
and unthinking educational disarmament.

13. System of administration of justice in the country is another area of concern.
14. Criminal justice system is on the verge of collapse. The quality of investigations and
prosecutions requires a strong second look. Law’s delay and costs of litigation have become
proverbial. Victimology, victim-protection and protection of witnesses in sensitive criminal
trials need institutional arrangements. Recruitment, training, refresher and continuing legal
education for lawyers, judges and judicial administrators need immediate attention. The
increasing utilization of alternative dispute resolution mechanisms such as mediation,
conciliation and arbitration as well as mechanisms of auxiliary adjudicative services need to
be stressed.
15. Communal and other inter-group riots in a country like India with its religious, social and
cultural diversity cannot be treated as merely law and order problem. They are manifestations
of collective behavioural disorders. Legal and administrative measures are required to be
taken to remove the insecurity felt by the minorities and for bringing them into the mainstream
of the national fabric.
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16. The state of social infrastructure is disturbing. There are 380 million children below the age
of 14. The arrangements for their education, health and well-being are wholly inadequate
both qualitatively and quantitatively. 96.4 per cent of the primary education budget goes for
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salaries alone.
17. Rates of infant mortality, blindness, maternal mortality, maternal-anemia, child malnutrition
and child-immunization, despite significant progress achieved, yet remain at high and
disconcerting levels.
18. Public health and hygiene have not received adequate attention. There is alarming increase
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of infectious diseases such as Tuberculosis, Malaria, Hepatitis, HIV etc.

5. (a) Functional criticism of Indian CAG.
Functional Challenges and Lacunas of CAG:
• The function of the CAG in India, is in a large measure, an inheritance from the colonial
rule.
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• The CAG today is a primary cause of widespread and paralysing unwillingness to decide
and to act. Auditing as a repressive and negative influence.
• The Parliament has greatly exaggerated notion of the importance of auditing to Parliamentary
responsibility, and so has failed to define the functions of the CAG as the constitution
contemplated it would do.
• The CAG’s function is not really a very important one. Auditors do not know and cannot
be expected to know very much about good administration.
• Auditors know what is auditing, which is not administration; it is a necessary, but a highly
pedestrian function with a narrow perspective and a very limited usefulness.
• A deputy secretary in the department knows more about the problems in his department
than the CAG and his entire staff.
5. (b) Analyse the Challenges to the successful functioning of Local Self Governing institutions
after the enactment of 73rd and 74th Amendment.
Challenges to the successful functioning of Local Self Governing institutions after the enactment
of 73rd Amendment:

• Illiteracy has been one of the most glaring stumbling blocks in achieving the laid down goals
of the newPanchayat Raj system. There is a fair chance that many of the women
representatives elected to all the three tiers of the PRIs may be illiterate.
• Further, with several social handicaps, most of the female representatives of these institutions
do not feel at ease to visit the government offices for various works and their authority is
exercised by others.
• Many States have not delegated the powers and functions to the PRIs in the true spirit of
73rd Constitutional Amendment. Even if the functions have been delegated, the required
powers to execute the said functions are not with the PRIs. There is a general reluctance on
part of the bureaucrats and the ministers and MLAs to share their existing powers and
authority with the newly created PRIs. As a result, while on paper the delegation has taken
place, actually the PRIs are not in a position to perform the assigned functions. In other
words, the objective of empowerment of people and women at the village-level has not been
achieved.
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• There is a general lack of manpower in the PRIs, particularly at the village level. With a
limited number of officials, even after the complete devolution of powers, it may become
difficult for the PRIs to look after all the works assigned to them by the State government.
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Unless the PRIs are equipped with adequate staff to discharge their functions, the objectives
set forth under the 73rd Amendment may not be achieved. Approach Paper to the Tenth
Five-Year Plan (2002-07) had dealt with the PRIs at great length.
• It observed that the objective of enhancement of participation and empowerment at the
village-level was not achieved. It was also observed that the excessive controls provided at
three tiers have not been able to enhance the efficacy of the PRIs. The excessive controls at
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the three tiers have rather been found to be counter-productive.

The Approach Paper has also made certain recommendations on the basis of experience of the
previous few years. Some of the important recommendations made were:
• Enable the States, by amending the Constitution, to abolish Block-level or the District-level
tier, as the excessive control is proving counter-productive;
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• Union Finance Commission funds and other PRI development funds from the Centre may
not be released to the States unless the required powers were delegated to the PRIs by them;
• The PRIs should be empowered and encouraged to levy and collect taxes at their own level;
• It is also recommended to increase accountability of the PRIs, strengthen their financial
management and audit procedures and provide the required orientation to the elected
representatives so that the laid down objectives are achieved.
Even the strategies proposed by the 11th Plan revolve around:
• Improving Panchayat Raj Institutions;
• Strengthening the administrative machinery;
• Convergence of resources;
• Alternative delivery mechanism; and
• Removing bottlenecks in scheme guidelines.
The above would reveal that the policy makers at the highest level are fully aware that the goals of
empowerment have not been met fully and a serious thinking is required to be done by the Union as
well as the State governments. But it would also be wrong to conclude that the situation is hopeless.
There are many success stories and at many places female and SC/ST representatives have done a
wonderful job in the PRIs. The objective of empowerment is not far from being achieved. But some
procedural and legislative changes may be necessary. Most necessary are the attitudinal changes.
5. (c) Organizational Structure and jurisdiction of Subordinate Courts in India.
The organisational structure, jurisdiction and nomenclature of the subordinate judiciary are laid
down by the states. Hence, they differ slightly from state to state. Broadly speaking, there are three
tiers of civil and criminal courts below the High Court. This is shown below:
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The district judge is the highest judicial authority in the district. He possesses original and appellate
jurisdiction in both civil as well as criminal matters. In other words, the district judge is also the
sessions judge. When he deals with civil cases, he is known as the district judge and when he hears
the criminal cases, he is called as the sessions judge. The district judge exercises both judicial and
administrative powers. He also has supervisory powers over all the subordinate courts in the district.
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Appeals against his orders and judgements lie to the High Court. The sessions judge has the power
to impose any sentence including life imprisonment and capital punishment (death sentence).
However, a capital punishment passed by him is subject to confirmation by the High Court, whether
there is an appeal or not.
Below the District and Sessions Court stands the Court of Subordinate Judge on the civil side and
the Court of Chief Judicial Magistrate on the criminal side. The subordinate judge exercises unlimited
pecuniary jurisdiction over civil suits. The chief judicial magistrate decides criminal cases which are
punishable with imprisonment for a term up to seven years.
At the lowest level, on the civil side, is the Court of Munsiff and on the criminal side, is the Court of
Judicial Magistrate. The munsiff possesses limited jurisdiction and decides civil cases of small
pecuniary stake. The judicial magistrate tries criminal cases which are punishable with imprisonment
for a term up to three years.
In some metropolitan cities, there are city civil courts (chief judges) on the civil side and the courts
of metropolitan magistrates on the criminal side. Some of the States and Presidency towns have
established small causes courts5. These courts decide the civil cases of small value in a summary
manner. Their decisions are final, but the High Court possesses a power of revision. In some states,
Panchayat Courts try petty civil and criminal cases. They are variously known as Nyaya Panchayat,
Gram Kutchery, Adalati Panchayat, and Panchayat Adalat and so on.
5. (d) Why was the system of proportional representation not adopted for election of members
to loksabha?
Though the Constitution has adopted the system of proportional representation in the case of Rajya
Sabha, it has not preferred the same system in the case of Lok Sabha. Instead, it has adopted the
system of territorial representation for the election of members to the Lok Sabha.
Under territorial representation, every member of the legislature represents a geographical area
known as a constituency. From each constituency, only one representative is elected. Hence such a
constituency is known as single-member constituency. In this system, a candidate who secures
majority of votes is declared elected. This simple majority system of representation does not represent
the whole electorate. In other words, it does not secure due representation to minorities (small
groups).
The system of proportional representation aims at removing the defects of territorial representation.
Under this system, all sections of the people get representation in proportion to their number. Even
the smallest section of the population gets its due share of representation in the legislature.
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There are two kinds of proportional representation, namely, single transferable vote system and list
system. In India, the first kind is adopted for the election of members to the Rajya Sabha and state
legislative council and for electing the President and the Vice-President.
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Though some members of the Constituent Assembly had advocated the system of proportional
representation for the election of members to the Lok Sabha, the Constitution has not adopted the
system due to two reasons.
1. Difficulty for the voters to understand the system (which is complicated) due to low literacy
scale in the country.
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2. Unsuitability to the parliamentary government due to the tendency of the system to multiply
political parties leading to instability in government.
Additionally, the system of proportional representation has the following demerits:
1. It is highly expensive.
2. It does not give any scope for organising by-elections.
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3. It eliminates intimate contacts between voters and representatives.

4. It promotes minority thinking and group interests.
5. It increases the significance of party system and decreases that of voter.
6. (a) Examine in detail the role of media in determining electoral behaviour with suitable
examples and special reference to Government Media.
The following points explain the role of media in elections and voting behaviour:
Information Dissemination
Information dissemination in relation to elections, particularly during the process of elections to
nomination, security arrangements, polling, counting, declaration of results, etc. all of these require
widest circulation. The voter comes to know about the basics like: what, when, where and how of
elections generally through the media. Even last minute changes of polling arrangements, violation
of expenditure arrangements, violation of Model Code of Conduct, and violation of expenditure
instructions, any untoward incidents or disturbances promptly come to the notice not only of the
people but also of election commission through the media.
Newspapers and news channels have very enthusiastically made use of information relating to
educational, financial and criminal antecedents of candidates, contained in the affidavit filed by
them along with nomination paper, which is immediately uploaded on the election commission’s
website. This has contributed to further honesty and transparency in the election system.
Enforcement of MCC and other laws
In today’s democratic and political landscape, the watch dog role of the media is quite vital. Media
can highlight incidents of use of muscle and money power by political parties or candidates and
educate the electors on ethical and inducement free voting practices. It can also expose violation of
the MCC such as divisive or hate speeches or unverified allegations in campaigns aimed at
influencing electors. Violations reported by media are followed up by the Election Commission as in
dealing with formal complaints.
The media can sensitive the political functionaries and the electorate about the MCC and relevant
laws and instructions governing the conduct of elections.
Compliance of Election Laws
The Election Commission does not regulate media. It has however, the responsibility to enforce the
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provisions of the law or court directions, which might have linkages with media or certain aspects
of media functioning. During elections, media is present and active at all stages which would also
mean that they too conform to various laws governing the elections.
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These laws are mentioned below:
Section 126A of the Representation of the People Act, 1951: it prohibits conduct of exit poll and
dissemination of their results during the period mentioned therein, the hour fixed for commencement
of polls in the first phase and half hour after the time fixed for close of poll for the last phase in all
the states and union territories.
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Section 126 of the Representatives of the People Act, 1951: it prohibits displaying any election
matter by mean of cinematograph, television or other similar apparatus, during the period of 48
hours ending with the hour fixed for conclusion of the poll.
Section 127A of the Representatives of the People Act, 1951: The printing and publication of
election pamphlets, posters etc. is governed by its provisions, which make it mandatory to bear on
its face the names and address of the printer and the publisher.
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Section 171H of the Indian Penal Code: it prohibits the incurring of expenditure on, inter alia,
advertisement without the authority of the contesting candidate.
Voter Education and Participation
There is scope for a much larger and committed partnership from media in the crucial area of voter
awareness and participation. This is one of the most promising areas of the Election Commission
media relationship.
There is a gap between what the voters ‘ should know” and what they ‘actually know ‘ in important
areas like registration , EPIC/identity proofs, Polling Station location, use of EVMs , timings of the
poll , use of money/muscle power by candidates etc. The elector should be well-informed when
he/she goes to exercise his/her franchise on the day of the polls.
Voter education helps build an environment where values of democracy are understood and acted
upon by the population. Media and Civil society have an important role to play in fostering such an
environment. To improve participation of all sections of the electorate, awareness levels need to be
enhanced, especially amongst the freshly eligible youth, uneducated, residents of far-flung,
inaccessible and remote areas and socially and economically weaker sections of the society. Such
segments need to be reached through the Media, apart from the civil society and field based
organizations. The Election Commission has in place a framework of engagement for collaboration
between the Commissions and Media Houses/Organizations in this important area of voter
participation. The Election Commission expects that the media should volunteer to take up this task
of informing, motivating and facilitating citizens to take part in the democratic elections.
Responsibility of Government Media
In broadcast of election related news or analysis Public Service Broadcasters are expected to lead by
example in terms of neutrality and objectivity, and adhere to various guidelines including their
own.
The Election Commission has a fruitful arrangement with Prasar Bharti in providing free broadcast
time on all India Radio and Doordarshan to recognised National and State parties so as to ensure a
level playing field in elections. The political parties in this manner can reach out to every corner of
the country, even in the remotest parts. In addition to this, Prasar Bharti’s contribution in spreading
voter awareness and educating the public about their voting rights and responsibilities is of great
consequence to the inclusion of all in the political process. The contribution of Prasar Bharti has
come in good measure in this arena.
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The Election Commission also urges PIB, DAVP, National Film Development Corporation, Directorate
of Field Publicity, Song and Drama Division and many other Central and State Information
Directorates to come forward and shoulder the same responsibility.
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6. (b) Briefly illustrate the functions of the Public Accounts Committee and what factors
have limited its performance since its inception?
This committee was setup first in 1921 under the provisions of the Government of India Act of 1919
and has since been in existence. At present, it consists of 22 members (15 from the Lok Sabha and 7
from the Rajya Sabha). The members are elected by the Parliament every year from amongst its
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members according to the principle of proportional representation by means of the single transferable
vote. Thus, all parties get due representation in it. The term of office of the members is one year. A
minister cannot be elected as a member of the committee. The chairman of the committee is appointed
by the Speaker from amongst its members. Until 1966–67, the chairman of the committee belonged
to the ruling party. However, since 1967 a convention has developed whereby the chairman of the
committee is selected invariably from the Opposition.
The function of the committee is to examine the annual audit reports of the comptroller and auditor
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general of India (CAG), which are laid before the Parliament by the president. The CAG submits
three audit reports to the president, namely, audit report on appropriation accounts, audit report
on finance accounts and audit report on public undertakings.
The committee examines public expenditure not only from legal and formal point of view to discover
technical irregularities but also from the point of view of economy, prudence, wisdom and propriety
to bring out the cases of waste, loss, corruption, extravagance, inefficiency and nugatory expenses.
In more detail, the functions of the Committee are:
1. To examine the appropriation accounts and the finance accounts of the Union government
and any other accounts laid before the Lok Sabha. The appropriation accounts compare the
actual expenditure with the expenditure sanctioned by the Parliament through the
appropriation act, while the finance accounts shows the annual receipts and disbursements
of the Union government.
2. In scrutinising the appropriation accounts and the audit report of CAG on it, the Committee
has to satisfy itself that:
(a) The money that has been disbursed was legally available for the applied service or purpose;
(b) The expenditure conforms to the authority that governs it; and
(c) Every appropriation has been made in accordance with the related rules.
3. To examine the accounts of state corporations, trading concerns and manufacturing projects
and the audit report of CAG on them (except those public undertakings which are allotted
to the committee on public undertakings).
4. To examine the accounts of autonomous and semi-autonomous bodies, the audit of which
is conducted by the CAG.
5. To consider the report of the CAG relating to an audit of any receipts or to examine the
accounts of stores and stocks.
6. To examine money spent on any service during a financial year in excess of the amount
granted by the Lok Sabha for that purpose.
In the fulfilment of the above functions, the committee is assisted by the CAG. In fact the CAG acts
as a guide, friend and philosopher of the committee.
Limitations and their reasons:
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• It is not concerned with the questions of policy in broader sense.
•
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It conducts a post-mortem examination of accounts ( showing the expenditure already
incurred)
• It cannot intervene in the matters of day to day administration.
• Its recommendation are advisory and not binding on the ministries.
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• It is not vested with the power of disallowance of expenditures by the departments.

• It is not an executive body and hence, cannot issue an order. Only the parliament can take
a final decision on its findings.
6. (c) Discuss pardoning power of president, what are major guideline laid down by Supreme
Court in difference cases?
In India, the power to grant pardon is conferred upon the President of India and the Governors of
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States under Articles 72 and 161 of the Constitution of India.

Constitutional Provisions:-Article 72:
(1) The President shall have the power to grant pardons, reprieves, respites or remissions of
punishment or to suspend, remit or commute the sentence of any person convicted of any
offence—
(a) In all cases where the punishment or sentence is by a Court Martial;
(b) In all cases where the punishment or sentence is for an offence against any law relating to
a matter to which the executive power of the Union extends;
(c) In all cases where the sentence is a sentence of death.
Thus, Article 72 empowers the President to grant pardons etc. and to suspend, remit or commute
sentences in certain cases.
There has always been a debate as to whether the power of the executive to pardon should be
subjected to judicial review or not. Supreme Court in a catena of cases has laid down the law
relating to judicial review of pardoning power.

In Maru Ram v Union of India, the Constitutional Bench of Supreme Court held that the power
under Article 72 is to be exercised on the advice of the Central Government and not by the President
on his own, and that the advice of the Government binds the head of the Republic.
In Dhananjoy Chatterjee alias Dhana v State of West Bengal, the Supreme Court reiterated its
earlier stand in Maru Ram’s case and said:
“The power under Articles 72 and 161 of the Constitution can be exercised by the Central and State
Governments, not by the President or Governor on their own. The advice of the appropriate
Government binds the Head of the state.”
The Supreme Court in Ranga Billa case was once again called upon to decide the nature and ambit
of the pardoning power of the President of India under Article 72 of the Constitution. In this case,
death sentence of one of the appellants was confirmed by the Supreme Court. His mercy petition
was also rejected by the President. Then, the appellant filed a writ petition in the Supreme Court
challenging the discretion of the President to grant pardon on the ground that no reasons were
given for rejection of his mercy petition. The court dismissed the petition and observed that the term
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“pardon” itself signifies that it is entirely a discretionary remedy and grant or rejection of it need
not to be reasoned.
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Supreme Court once again in Kehar Singh v Union of India reiterated its earlier stand and held
that the grant of pardon by the President is an act of grace and, therefore, cannot be claimed as a
matter of right. The power exercisable by the President being exclusively of administrative nature,
is not justiciable.
In Swaran Singh v State of U.P., the Governor of U.P. had granted remission of life sentence awarded
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to the Minister of the State Legislature of Assembly convicted for the offence of murder. The Supreme
Court interdicted the Governor’s order and said that it is true that it has no power to touch the
order passed by the Governor under Article 161, but if such power has been exercised arbitrarily,
mala fide or in absolute disregard of the “finer cannons of constitutionalism”, such order cannot
get approval of law and in such cases, “the judicial hand must be stretched to it.” The Court held
the order of Governor arbitrary and, hence, needed to be interdicted.
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In the early case of K.M. Nanavati v State of Bombay , Governor granted reprieve under Article 161
which was held unconstitutional as it was in contrast with the Supreme Court rulings under Article
145.
In a landmark judgment Epuru Sudhakar & Anr vs Govt. Of A.P. & Ors , it was held by the
Supreme Court that it is a well-set principle that a limited judicial review of exercise of clemency
powers is available to the Supreme Court and High Courts. Granting of clemency by the President
or Governor can be challenged on the following grounds:
• The order has been passed without application of mind.
• The order is mala fide.
• The order has been passed on extraneous or wholly irrelevant considerations.
• Relevant material has been kept out of consideration.
• The order suffers from arbitrariness.
Now, it is a well settled principle that power under Articles 72 and 161 is subject to judicial
review.

7. (a) Elaborate point wise on the various recommendations made by Sarkaria, Rajmannar
and Punchhi Commission regarding various provisions of the Indian Constitution.
NOTE: ALMOST ALL RECOMMEDATIONS HAVE BEEN PROVIDED HERE TO SERVE AS
NOTES FOR FUTURE REFERENCE. STUDENTS SHOULD SELECT AND CITE THEM
ACCORDING TO DEMAND OF SPECIFIC QUESTIONS.
Sarkaria Commission
The agitation for State autonomy led to the creation of Sarkaria Commission by the Central
Government to recommend changes in Centre-State relationship. The Commission submitted its
report in 1988. The founding fathers of the Indian Constitution were deeply concerned about ensuring
the unity and integrity of the country. They were aware of the forces of disruption and disunity
working within the country. These dangers at the time of independence could be handled only by
a strong government at the Centre. Therefore, the framers of the Constitution assigned a predominant
role to the Centre. At the same time they made provisions for the establishment of a co-operative
federalism. The working of the Indian federation during the last five decades clearly shows that the
relations between the Centre and the States have not always been cordial. The administrative Reforms
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Commission and several other Commissions were appointed by the Government of India from time
to time to regulate Centre State relations. The Union Government appointed Sarkaria Commission
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to suggest ways and means to improve Centre-State relations. The clamour for more autonomy led
to the constitution of Sarkaria Commission in 1983 which was asked to examine and review existing
arrangements between the Centres and the States in all spheres and recommend appropriate changes
and measures.
An extraordinary situation, the need to defeat the emergency regime of Indira Gandhi, brought
them together. With the return of the Congress party under Indira Gandhi’s leadership with secure
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majority, the movements for state autonomy slowly receded in the background. At the present
moment, there is no movement for state autonomy like earlier even though the struggle to get more
financial resources for the state continues. In the 1990 a visible change came in the correlation of
forces active in the Indian politics.
Major Recommendations of Sarkaria Commission
The Sarkaria Commission finally submitted its report in the year 1988.The Sarkaria Commission’s
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charter was to examine the relationship and balance of power between state and central governments
in the country and suggest changes within the framework of Constitution of India. In spite of the
large size of its reports – the Commission recommended, by and large, status quo in the Centre-
State relations, especially in the areas, relating to legislative matters, and role of Governors and use
of Article 356.
Issue of Appointment of Governor
• As far as possible, the governor should enjoy the term of five years.
• The Governor should be eminent in some walk of life and from outside the state. He should
be a detached figure without intense political links or should not have taken part in politics
in recent past. Besides, he should not be a member of the ruling party.
• He should be appointed after effective consultations with the state Chief Minister and Vice
President and Speaker of the Lok Sabha should be consulted by the PM before his selection.
• He should be removed before his tenure only on the grounds as mentioned in the constitution
or if aspersions are cast on his morality, dignity, constitutional propriety, etc.
• In the process of removal, state government may be informed and consulted.

Regarding use of Article 356:
The Sarkaria Commission made the following recommendations:
• This article should be used very sparingly and as a matter of last resort. It can be invoked
only in the event of political crisis, internal subversion, physical breakdown and non-
compliance with the constitutional directives of the centre.
• Before that, a warning should be issued to the errant state in specific terms and alternate
course of action must be explored before invoking it.
• The material fact and grounds on the basis of which this article is invoked should be made
an integral part of the Proclamation; it will ensure effective Parliamentary control over the
invocation of the President Rule.
• The Governor’s report must be a ‘speaking document’ and it should be given wide publicity.
• So the Sarkaria Commission was an important attempt to streamline the centre-state relations.
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• It has become a reference point for any discussion on centre-state relations and it has been
frequently referred to even by the judiciary.
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• On its recommendation, the Inter-State council was established in 1990 and it has considered
its recommendations.
• However, many of its important recommendations have not been implemented and tensions
in federal relations are a recurrent feature.
Relating to Legislative Matters
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While it made the general observation that the Constitution is basically sound and there is no need
for drastic changes in the basic character of the Constitution, nevertheless it gave following
recommendations:
• Ordinarily, the Union should occupy only that much field of a concurrent subject on which
uniformity of Policy and Action is required in the larger interest of the Nation, leaving the
rest of the details for State action, within the abroad frame-work of the Policy laid down in
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the Union Law.

• Whenever, the Union proposes to undertake Legislation on a subject belonging to the
Concurrent List, the States’ views must be ascertained through inter-Governmental Councils.
• Parliamentary law passed under clauses (1) of Article 252, on request of two or more States
should not be perpetual but should be for specific period not exceeding three years.
• On receipt of a resolution from a State recommending creation or abolition of a Legislative
Council, the same will be presented before the Parliament within a reasonable time.
Rajmannar Commission
In 1969, the Tamil Nadu government appointed Rajmannar Commission to look into this aspect
and it submitted its report in 1971. It demanded readjustment of the VII schedule and residuary
power to the states. Its other important recommendations are given in the following:
• Setting of an Inter-State council immediately
• Finance commission to be made a permanent body
• Deletion of Articles 356, 357 and 365 which dealt with the President’s rule

• Abolition of All-India Services (lAS, IPS and IFS)
• Planning Commission to be replaced by a statutory body
The Central government completely ignored its recommendations.
Punchhi Commission
The important recommendations are mentioned below:
1. To facilitate effective implementation of the laws on List III subjects, it is necessary that some
broad agreement is reached between the Union and states before introducing legislation in
Parliament on matters in the Concurrent List.
2. The Union should be extremely restrained in asserting Parliamentary supremacy in matters
assigned to the states. Greater flexibility to states in relation to subjects in the State List and
“transferred items” in the Concurrent List is the key for better Centre-state relations.
3. The Union should occupy only that many of subjects in concurrent or overlapping jurisdiction
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which are absolutely necessary to achieve uniformity of policy in demonstrable national
interest.
4.
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There should be a continuing auditing role for the Inter-state Council in the management of
matters in concurrent or overlapping jurisdiction.
5. The period of six months prescribed in Article 201 for State Legislature to act when the bill
is returned by the President can be made applicable for the President also to decide on
assenting or withholding assent to a state bill reserved for consideration of the President.
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6. Parliament should make a law on the subject of Entry 14 of List I (treaty making and
implementing it through Parliamentary legislation) to streamline the procedures involved.
The exercise of the power obviously cannot be absolute or unchartered in view of the federal
structure of legislative and executive powers.
7. Financial obligations and its implications on state finances arising out of treaties and
agreements should be a permanent term of reference to the Finance Commissions constituted
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from time to time.

8. While selecting Governors, the Central Government should adopt the following strict guidelines
as recommended in the Sarkaria Commission report and follow its mandate in letter and
spirit:
(i) He should be eminent in some walk of life
(ii) He should be a person from outside the state
(iii) He should be a detached figure and not too intimately connected with the local politics of
the states
(iv) He should be a person who has not taken too great a part in politics generally and particularly
in the recent past
9. Governors should be given a fixed tenure of five years and their removal should not be at
the sweet will of the Government at the Centre.
10. The procedure laid down for impeachment of President, mutatis mutandis can be made
applicable for impeachment of Governors as well.

11. Article 163 does not give the Governor a general discretionary power to act against or
without the advice of his Council of Ministers. In fact, the area for the exercise of discretion
is limited and even in this limited area, his choice of action should not be arbitrary or
fanciful. It must be a choice dictated by reason, activated by good faith and tempered by
caution.
12. In respect of bills passed by the Legislative Assembly of a state, the Governor should take
the decision within six months whether to grant assent or to reserve it for consideration of
the President.
13. On the question of Governor’s role in appointment of Chief Minister in the case of a hung
assembly, it is necessary to lay down certain clear guidelines to be followed as Constitutional
conventions. These guidelines may be as follows:
(i) The party or combination of parties which commands the widest support in the Legislative
Assembly should be called upon to form the Government.
(ii) If there is a pre-poll alliance or coalition, it should be treated as one political party and if
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such coalition obtains a majority, the leader of such coalition shall be called by the Governor
to form the Government.
OR
(iii) In case no party or pre-poll coalition has a clear majority, the Governor should select the
Chief Minister in the order of preference indicated here.
(a) The group of parties which had pre-poll alliance commanding the largest number
(b) The largest single party staking a claim to form the government with the support of others
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(c) A post-electoral coalition with all partners joining the government

(d) A post-electoral alliance with some parties joining the government and the remaining including
independents supporting the government from outside
14. On the question of dismissal of a Chief Minister, the Governor should invariably insist on the
Chief Minister proving his majority on the floor of the House for which he should prescribe
a time limit.
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15. The Governor should have the right to sanction for prosecution of a state minister against
the advice of the Council of Ministers, if the Cabinet decision appears to the Governor to be
motivated by bias in the face of overwhelming material.
16. The convention of Governors acting as Chancellors of Universities and holding other statutory
positions should be done away with. His role should be confined to the Constitutional
provisions only.
17. When an external aggression or internal disturbance paralyses the state administration creating
a situation of a potential break down of the Constitutional machinery of the state, all
alternative courses available to the Union for discharging its paramount responsibility under
Article 355 should be exhausted to contain the situation and the exercise of the power under
Article 356 should be limited strictly to rectifying a “failure of the Constitutional machinery
in the state”.
18. On the question of invoking Article 356 in case of failure of Constitutional machinery in
states, suitable amendments are required to incorporate the guidelines set forth in the landmark
judgement of the Supreme Court in S.R. Bommai V. Union of India (1994). This would
remove possible misgivings in this regard on the part of states and help in smoothening
Centre-state relations.
19. Given the strict parameters now set for invoking the emergency provisions under Articles
352 and 356 to be used only as a measure of “last resort”, and the duty of the Union to
protect states under Article 355, it is necessary to provide a Constitutional or legal framework
to deal with situations which require Central intervention but do not warrant invoking the
extreme steps under Articles 352 and 356. Providing the framework for “localised emergency”
would ensure that the state government can continue to function and the Assembly would
not have to be dissolved while providing a mechanism to let the Central Government respond
to the issue specifically and locally. The imposition of local emergency is fully justified under
the mandate of Article 355 read with Entry 2A of List I and Entry 1 of List II of the Seventh
Schedule.
20. Suitable amendments to Article 263 are required to make the Inter-State Council a credible,
powerful and fair mechanism for management of inter-state and Centre-state differences.
21. The Zonal Councils should meet at least twice a year with an agenda proposed by states
concerned to maximise co-ordination and promote harmonisation of policies and action
having inter-state ramification. The Secretariat of a strengthened Inter-State Council can
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function as the Secretariat of the Zonal Councils as well.
22. The Empowered Committee of Finance Ministers of States proved to be a successful experiment
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in inter-state co-ordination on fiscal matters. There is need to institutionalise similar models
in other sectors as well. A forum of Chief Ministers, Chaired by one of the Chief Minister
by rotation can be similarly thought about particularly to co-ordinate policies of sectors like
energy, food, education, environment and health.
23. New all-India services in sectors like health, education, engineering and judiciary should be
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created.
24. Factors inhibiting the composition and functioning of the Second Chamber as a representative
forum of states should be removed or modified even if it requires amendment of the
Constitutional provisions. In fact, Rajya Sabha offers immense potential to negotiate acceptable
solutions to the friction points which emerge between Centre and states in fiscal, legislative
and administrative relations.
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25. A balance of power between states inter se is desirable and this is possible by equality of
representation in the Rajya Sabha. This requires amendment of the relevant provisions to
give equality of seats to states in the Rajya Sabha, irrespective of their population size.
26. The scope of devolution of powers to local bodies to act as institutions of self-government
should be constitutionally defined through appropriate amendments.
27. All future Central legislations involving states’ involvement should provide for cost sharing
as in the case of the RTE Act. Existing Central legislations where the states are entrusted
with the responsibility of implementation should be suitably amended providing for sharing
of costs by the Central Government.
28. The royalty rates on major minerals should be revised at least every three years without any
delay. States should be properly compensated for any delay in the revision of royalty beyond
three years.
29. The current ceiling on profession tax should be completely done away with by a Constitutional
amendment.
30. The scope for raising more revenue from the taxes mentioned in article 268 should be
examined afresh. This issue may be either referred to the next Finance Commission or an
expert committee be appointed to look into the matter.
31. To bring greater accountability, all fiscal legislations should provide for an annual assessment
by an independent body and the reports of these bodies should be laid in both Houses of
Parliament/state legislature.
32. Considerations specified in the Terms of Reference (ToR) of the Finance Commission should
be even handed as between the Centre and the states. There should be an effective mechanism
to involve the states in the finalisation of the ToR of the Finance Commissions.
33. The Central Government should review all the existing cesses and surcharges with a view
to bringing down their share in the gross tax revenue.
34. Because of the close linkages between the plan and non-plan expenditure, an expert committee
may be appointed to look into the issue of distinction between the plan and non-plan
expenditure.
35. There should be much better coordination between the Finance Commission and the Planning
Commission. The synchronisation of the periods covered by the Finance Commission and the
Five-Year Plan will considerably improve such coordination.
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36. The Finance Commission division in the Ministry of Finance should be converted into a full-
fledged department, serving as the permanent secretariat for the Finance Commissions.
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37. The Planning Commission has a crucial role in the current situation. But its role should be
that of coordination rather that of micro managing sectorial plans of the Central ministries
and the states.
38. Steps should be taken for the setting up of an Inter-State Trade and Commerce Commission
under Article 307 read with Entry 42 of List-I. This Commission should be vested with both
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advisory and executive roles with decision making powers. As a Constitutional body, the
decisions of the Commission should be final and binding on all states as well as the Union
of India. Any party aggrieved with the decision of the Commission may prefer an appeal
to the Supreme Court.
7. (b) What is the background of the Special Status of Jammu and Kashmir and its specific
provisions? What is the importance of Article 370 in this regard? Examine.
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In 1947, at the time of independence, the State of Jammu and Kashmir decided not to join either
Pakistan or India. India welcomed this decision, but Pakistan attempted to annex the State militarily.
The Maharaja sought Indian help to save his territory and people who were being killed and looted
by the Pakistani militants. The then Prime Minister Jawaharlal Nehru accepted Jammu & Kashmir’s
accession to India. The Maharaja signed the “instrument of Accession” with certain concessions
for the autonomy of the State. This special status of the State is enshrined in Article 370 of the
Indian Constitution. This Article cannot be amended.
Important feature of Special Status:
• The State of Jammu and Kashmir has its own Constitution apart from Indian constitution.
• This state follows ‘dual citizenship’- Citizenship of Jammu and Kashmir and India.
• The residuary power of the state lies with the Legislature of the Jammu and Kashmir and
not the Parliament of India.
• Except for defence, foreign affairs, finance and communications, the Parliament needs the
state government’s concurrence for applying all other laws.
• The national emergency declared in the ground of war or external aggression shall have an
automatic extension to the State.
• The national emergency proclaimed on the grounds of armed rebellion, shall not have an
automatic extension to Jammu and Kashmir.
• The Governor of the State is to be appointed only after consultation with the Chief Minister
of that State.
• Financial Emergency under Article 360 of Indian constitution cannot be imposed on the
State.
• Directive Principle of Policy and Fundamental duties enshrined in the Indian constitution
are not applicable to Jammu and Kashmir.
• Apart from the President‘s rule, the Governor’s rule can also be imposed on the State for a
maximum period of six months.
• The preventive detention laws as mentioned in Article 22 of Indian constitution do not have
an automatic extension to the State.
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• The name, boundary or territory of the State of Jammu and Kashmir cannot be changed by
the Parliament without the concurrence of the State Legislature.
•
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Article 19(i) (f) and 31 (2) of Indian constitution have not been abolished for this State and
‘Right to property’ still, stands guaranteed to the people of Jammu and Kashmir.
The importance of Article 370
• Article 370 of the Constitution is the current bedrock of the constitutional relationship
between Jammu and Kashmir and the rest of India. With its abrogation being an avowed
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policy of the Bharatiya Janata Party, the J&K High Court’s recent observation that the
provision has acquired a state of permanence may cause some disquiet in the party and the
government.
• However, the High Court’s comment should be seen in the limited context in which it was
made. Its remark that Article 370 is beyond amendment, repeal or abrogation flows from an
analysis of the question whether the section had become inoperative after the State’s
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Constituent Assembly framed its Constitution, and then the Assembly itself ceased to exist.
• In fact, the question whether its temporary provisions had acquired permanence was not
before the court; nor was the court hearing a challenge to the validity of the Article per se.
It was dealing with the validity of reservation in promotions among government employees
in J&K.
• Ultimately, it struck down the provision for quotas in promotions on the ground that clause
4A of Article 16, introduced by the Constitution (77th) Amendment to protect reservation
in promotions, was not applicable to J&K.
• This is because there is no Presidential Order making the new clause applicable to the State.
One of the features of Article 370 is that a Constitution amendment becomes applicable to
J&K only after the President issues an order. Without the protection of the clause, there is
no scope for reservation in promotions, as the Supreme Court had barred such quotas in
Indra Sawhney.
• In its implications for Article 370, the High Court verdict has not broken any new ground.
If anything, it is a reiteration of earlier Supreme Court rulings that Article 370 continues to
be operative.

• It impliedly rules that the President’s power to issue orders, as has been done over the years
making several laws and provisions of the Constitution applicable to J&K, remains
untrammelled.
• By reiterating the core requirement that even provisions affording constitutional protection
require the use of Article 370 and orders issued under its imprimatur, the court has reaffirmed
that importance of the Article and showed how abrogating it will weaken the legal basis for
J&K to be part of India, as the accession was linked to its getting special status.
• Some may find the observation that Article 370 is beyond repeal or abrogation debatable.
Parliament’s amending power under Article 368 remains available for such a measure, but
it is far wiser for any dispensation to wait for a resolution of the dispute with Pakistan over
the entirety of Kashmir’s territory before revisiting the State’s constitutional status. Any
premature action on this front may be a needless misadventure.
8. (a) Working of election commission and ongoing electoral reforms is a step forward in
Indian democracy, elucidate.
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One of the most important features of a democratic polity is elections at regular intervals. Elections
constitute the signpost of democracy. These are the medium through which the attitudes, values
and beliefs of the people towards their political environment are reflected. Elections grant people a
OR
government and the government has constitutional right to govern those who elect it. Elections are
the central democratic procedure for selecting and controlling leaders. Elections provide an
opportunity to the people to express their faith in the government from time to time and change it
when the need arises. Elections symbolize the sovereignty of the people and provide legitimacy to
the authority of the government. Thus, free and fair elections are indispensable for the success of
democracy.
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• In continuance of the British legacy, India has opted for parliamentary democracy. Since
1952, the country has witnessed elections to the legislative bodies at both the national as well
as State levels. The electoral system in India is hamstrung by so many snags and stultifying
factors. Such maladies encourage the anti-social elements to jump into the electoral fray. Our
system was largely free from any major flaw till the fourth general elections (1967). The
distortions in its working appeared, for the first time, in the fifth general elections (1971) and
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these got multiplied in the successive elections, especially in those held in the eighties and
thereafter.
• Many a time, the Election Commission has expressed its concern and anxiety for removing
obstacles in the way of free and fair polls. It has had made a number of recommendations
and repeatedly reminded the government the necessity of changing the existing laws to
check the electoral malpractices. The Tarkunde Committee Report of 1975, the Goswami
Committee Report of 1990, the Election Commission’s recommendations in 1998 and the
Indrajit Gupta Committee Report of 1998 produced a comprehensive set of proposals regarding
electoral reforms. A number of new initiatives have been taken by the Election Commission
to cleanse the electoral process in India. The important among these are being discussed
here.
• Model Code of Conduct: The Election Commission of India is regarded as guardian of free
and fair elections. In every election, the EC issues a Model Code of Conduct for political
parties and candidates to conduct elections in a free and fair manner. The Commission
circulated its first Code at the time of the fifth general elections, held in 1971. Since then,
the Code has been revised from time to time. The Code of Conduct lays down guidelines as
to how political parties and candidates should conduct themselves during elections. A
provision was made under the Code that from the time the elections are announced by the
Commission, Ministers and other authorities cannot announce any financial grant, lay
foundation stones of projects of schemes of any kind, make promises of construction of
roads, carry out any appointments in government and public undertakings which may have
the effect of influencing the voters in favour of the ruling party.
• Despite the acceptance of the Code of Conduct by political parties, cases of its violation have
been on the rise. It is a general complaint that the party in power at the time of elections
misuses the official machinery to further the electoral prospects of its candidates. The misuse
of official machinery takes different forms, such as issue of advertisements at the cost of
public exchequer, misuse of official mass media during election period for partisan coverage
of political news and publicity regarding their achievements, misuse of government transport
including aircraft/helicopter, vehicles. For example, during the 2003 Himachal Pradesh
Assembly elections, the Commission had issued strict instructions to the political parties to
abstain from the use of plastic and polythene for the preparation of posters and publicity
material. But the political parties, particularly the Bharatiya Janata Party and the Bahujan
Samaj Party, put up a large number of saffron and green publicity flags made of
polythene.During the 2002 Punjab Assembly elections, an aggressive advertisement campaign
was launched by the Congress against Chief Minister Parkash Singh Badal and his son,
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accusing them of corruption and bartering away the interests of Punjab. The Akali Dal hit
back with its own set of equally aggressive advertisements against the Congress leaders. The
OR
Election Commission of India had to intervene to clarify that under the Model Code of
Conduct, personal allegations against individual leaders were not allowed, though criticisms
of policy decisions and performance were permitted. Similarly, the EC also held Narendra
Modi and Sonia Gandhi responsible for violation of the Model Code of Conduct by making
controversial remarks during election campaign in the 2007 Gujarat Assembly polls. The EC
expressed its severe displeasure over its violation by the two leaders and expected that both
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of them in future would adhere to the salutary provisions of the Code in letter and spirit.
Despite sincere efforts on the part of the EC to check malpractices, in each and every election
India witnesses violation of the Model Code of Conduct.
• Disclosure of Antecedents by Candidates: In June 2002, the EC on the direction of the
Supreme Court, issued an order under Article 324 that each candidate must submit an
affidavit regarding the information of his/her criminal antecedents; assets (both movable
and immovable) of self and those of spouses and dependents as well; and qualifications at
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the time of filing his/her nomination papers for election to the Lok Sabha, the Rajya Sabha
and the State Legislative Assemblies. But political parties believed that the Election Commission
and the judiciary were overstepping their powers. At the all-party meeting, held on July 8,
2002, representatives of 21 political parties decided that the Election Commission’s order
should not be allowed to be implemented. The Supreme Court again came out as a guardian
of the citizen’s right to information. The Apex Court gave its judgment on March 13, 2003,
basically asserting its previous June 2002 decision, which required full disclosure by all
candidates. The order made it clear that failing to furnish the relevant affidavit shall be
considered as a violation of the Supreme Court’s order and as such the nomination papers
shall be liable to be rejected by the Returning Officer. Furnishing of wrong or incomplete
information shall result in the rejection of nomination papers, apart from inviting penal
consequences under the Indian Penal Code. The 2004 General Elections were conducted
under these rules.
• The above order is an effective step to make democracy healthy and unpolluted. Citizens
have every right to know about the persons whom they prefer as their representatives. The
EC has directed all Returning Officers to display the copies of nomination papers and
affidavits filed by candidates to the general public and representatives of print and electronic
media, free of cost.

• Registration of Political Parties: The party system is an essential feature of parliamentary
democracy. However, there is no direct reference of political parties in the Constitution of
India. The statutory law relating to registration of political parties was enacted in 1989
which was quite liberal. As a result, a large number of non-serious parties mushroomed and
got registered with the Commission. Many of them did not contest elections at all after their
registration. It led to confusion among electors as to whom to vote.
• To eliminate the mushrooming of parties, the EC had to take some rigorous steps. The
Commission now registers a party which has at least 100 registered electors as its members
and is also charging a nominal processing fee of Rs 10,000 to cover the administration
expenses which it will have to incur on correspondence with the parties after their registration.
• In order to ensure that the registered political parties practice democracy in their internal
functioning, the Commission requires them to hold their organizational elections regularly
in accordance with their constitutions. The measures taken by the Election Commission to
streamline the registration of political parties have shown effective results. These have lessened
the headache of the administrative machinery, as well as confusion of the electorate.
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• Checking Criminalization of Politics: This menace began in Bihar and gradually spread to
every nook and corner of the nation. In 2003, a law was introduced to prohibit the election
OR
of criminals to the legislative bodies. However, persons with criminal background continue
to hold seats in Parliament and State Assemblies. This leads to a very undesirable and
embarrassing situation when law-breakers become law-makers and move around under
police protection. During the 13th Lok Sabha elections candidates having criminal cases
against them numbered 12 in Bihar and 17 in Uttar Pradesh. It has been rightly observed
by J.P.Naik: “Power is the spoiler of men and it is more so in a country like India, where
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the hungry stomachs produce power hungry politicians.”

• The EC has expressed its serious concern over the entry of anti-social and criminal persons
into the electoral arena. From time to time, it has set down norms and made recommendations
to the government to curb the menace of criminalization of politics. The Commission has
urged all political parties to reach a consensus that no person with a criminal background
will be given the party ticket. The candidates to an election are also obliged to submit an
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affidavit in a prescribed form declaring their criminal records, including convictions, charges
pending and cases initiated against them. The information so furnished by the candidates
shall be disseminated to the public, and to the print and electronic media.
• Limits on Poll Expenses: To get rid of the growing influence and vulgar show of money
during elections, the EC has made many suggestions in this regard. The Commission has
fixed legal limits on the amount of money which a candidate can spend during the election
campaign. These limits have been revised from time to time. During 2004 elections, the
ceiling limits for Lok Sabha seats varied between Rs 10, 00,000 to Rs 25, 00,000. For Assembly
seats, the highest limit was Rs 10, 00,000 and the lowest limit was Rs 5, 00,000. The EC, by
appointing expenditure observers keeps an eye on the individual accounts of election
expenditure made by a candidate during election campaign. The contestants are also required
to give details of expenditure within 30 days of the declaration of the election results.
However, political parties do not adhere to the financial Lakshmana Rekha (limits) as huge
amounts are spent by parties under the garb of their supporters.
• Apart from this, the EC is also in favour of holding the Lok Sabha and the Assembly
elections simultaneously, and to reduce the campaign period from 21 to 14 days. This, they
feel, will lead to trim down the election expenditure. The Election Commission’s attempt to
impose these measures has been a move in the right direction.

• Multi-Member Election Commission: There was a longstanding demand to make the EC
a multi-member body. The Supreme Court in the S.S.Dhanoa versus Union of India case had
observed: “When an institution like the Election Commission is entrusted with vital functions
and is armed with exclusive and uncontrolled powers to execute them, it is both necessary
and desirable that the powers are not exercised by one individual, however wise he may be.
It also conforms to the tenets of democratic rule.” With the 1993 Constitution Amendment
Act, the Election Commission was made a multi-member body. The EC was made a multi-
member body by the government in the wake of certain controversial decisions taken by the
Chief Election Commissioner, T.N.Seshan. The Act provided that the decision of three members
‘shall, as far as possible, be unanimous’. But in case of difference of opinion among three
members, the matter ‘shall be decided according to the opinion of the majority’. It was a
significant step to remove a one-man show in such an important function as that of conducting
elections. A single member EC would have no longer ‘unbridled’ powers. In view of the large
size of the country and the huge electors, the Election Commission also made a proposal for
the appointment of Regional Commissions to different zones to reduce its burden.
• Use of Scientific and Technological Advancements: The Election Commission of India has
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been trying to bring improvements in election procedures by taking advantage of scientific
and technological advancements. The introduction of ‘electronic voting machines’ (EVMs) is
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one of the steps in that direction. The Election Commission has recommended the introduction
of electronic voting machines with a view to reducing malpractices and also improving the
efficiency of the voting process. On an experimental basis, the EVMs were first tried in the
State of Kerala during the 1982 Legislative Assembly Elections. After the successful testing
and long legal inquiries of the technological aspects of the machines, the EC took a historic
decision to go ahead and start the use of EVMs for certain Assembly elections in November
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1998. The Commission selected 16 Assembly constituencies in the States of Madhya Pradesh,
Rajasthan and Union Territory of Delhi. Later, in the June 1999 Assembly elections, Goa
became the first State to successfully use EVMs in all its Assembly constituencies. In the 2004
Lok Sabha elections, the machines were used all over the country. It is a major initiative
taken by the EC to make the electoral process simple, quick and trouble-free. It has saved
money, solved several logistical issues and also contributed to the conservation of environment
through saving of paper. Another major advantage of these machines is that the counting
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of votes becomes more fast and accurate. Now there are no invalid and wasted votes at all,
as every vote recorded in the machine is accounted for in favor of the candidate for whom
it was cast.
• The Election Commission has not lagged behind in making use of Information Technology
for efficient electoral management and administration. It launched a website of its own on
February 28, 1998 [that is, www.eci.gov.in.]. This is now a good source to have accurate
information about elections, election laws, manuals and handbooks published by the Election
Commission. During the 1999 Lok Sabha elections, the Commission’s Secretariat was directly
connected with nearly 1500 counting centers across the country. The round-wise counting
results were fed into the Commission’s website from those counting centers. These results
were instantly available throughout the world.
• In order to bring as much transparency as possible to the electoral process, the media—both
electronic and print—were encouraged and provided with facilities to report on the actual
conduct of the poll and counting. The Commission had, in cooperation with the State owned
media (Doordarshan and All India Radio) taken several innovative and effective steps to
create awareness among voters. All recognised national as well as State parties were allowed
free access to the state-owned media on an extensive scale for their election campaign.
During the 2004 general elections, the total free time allocated to political parties was 122
hours.
• With a view to prevent impersonation of electors at the time of voting and to eliminate bogus
and fictitious entries into electoral rolls, the Election Commission took a bold step. In 1998,
it decided to take a nationwide programme for the ‘computerization’ of electoral rolls. The
printed electoral rolls as well as CDs containing these rolls are available to the general public
for sale national and State parties are provided these free of cost after every revision of
electoral rolls. The entire country’s electoral rolls are available on its website. Karnataka
became the first State to prepare electoral rolls with the photographs of voters in the 2008
elections. The State EC developed the electoral roll management software called ‘STEERS’
(State Enhanced Electoral Roll System) to prevent duplication of voter’s lists and to eliminate
wrong addresses. The EC has decided to introduce photo electoral rolls for proper verification
of voters across the country by the 2009 general elections.
• In an attempt to improve the accuracy of the electoral rolls and prevent electoral fraud, the
Election Commission in August 1993 ordered the issuance of electors’ photo identity cards
(EPICs) for all voters. A modest attempt to introduce the photo identity cards was made for
the first time in 1978 at the instance of the then Chief Election Commissioner, S.L. Shakdher,
in the case of elections to the Legislative Assembly of Sikkim. During the 2004 Assembly
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elections, it was mandatory for people possessing EPICs to furnish it at the time of voting.
People who did not possess EPICs had to bring the proofs of identity as prescribed by the
EC at the time of voting during the 2007 Punjab Assembly elections, Parneet Kaur (MP from
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Patiala), could not cast her vote till late afternoon as she had misplaced her voter card. The
distribution of EPICs, on the part of Election Commission, was a major step to reduce
electoral malpractices. Only genuine voters were listed in the rolls with the issuance of voter
identity cards.
• Summing Up: Over the years, the Election Commission has conducted a number of laudable
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electoral reforms to strengthen democracy and enhance the fairness of elections. These
reforms are quite adequate and admirable. Undoubtedly, the election machinery, under the
aegis of the EC, deserves credit for conducting elections in a free and fair manner. However,
our system is still plagued by many vices. To win votes, political parties resort to foul
methods and corrupt practices. Such maladies encourage the anti-social elements to enter
the electoral fray. The problem is not lack of laws, but lack of their strict implementation.
In order to stamp out these unfair tendencies, there is a need to strengthen the hands of the
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EC and to give it more legal and institutional powers. The EC must be entrusted with
powers to punish the errant politicians who transgress and violate the electoral laws.
8. (b) The evolving profile of legislators in Indian parliament offers both opportunities and
challenges. Discuss. How has the changing nature of leadership in parliament affected
its efficiency?
• In the period between 1952 to 1971 the parliament was ‘elitist’ in its character, dominated
mainly by urban, middle class, educated, elite. The Lok Sabhas of the period, particularly till
that of 1967 were characterized primarily by the presence of two categories of members: the
modernizing elite consisting of the urban, educated and successful professional classes and
members of the traditional elite (including capitalists and landed gentry), with the former
dominating. More than half of the members of the Lok Sabha belonged to the classes that
had had the benefit of higher and even professional education. Lawyers constituted a third
of the Lok Sabha membership. In addition, military, police and civil service personnel,
journalist and writers, were also a part of the Lok Sabhas of the period. Each of these
occupational groups formed a part of the urban, professional class
• Apart from the urban middle class, those with agricultural interests constituted a substantial
segment of the Lok Sabha membership. A large number of MPs were full time social activists
drawing their sustenance in all probability, from agricultural property. Traders and
industrialists constituted nearly one tenth of the total membership of the Lok Sabha during
the entire period. The entry of workers, peasants, landless labourers and others appeared
almost impossible, given the fact that a western model of democracy, with which common
Indians were unfamiliar, was adopted.
• Between 1971-1989, the socio- economic profile of the members underwent some changes.
This period witnessed the emergence of regional elite at the national level. Generally, the
members were older, more educated, with agricultural interest and experience at the state
level. The Lok Sabha continued to remain, a body consisting of members with a reasonably
high level of education. Occupationally, however, there was change in the composition of
the Lok Sabha. Agriculturists began to dominate the Lok Sabha membership. Their presence
in the Lok Sabha was continuously on the rise till 1989. Urban middle class professionals
continued to have a sizeable presence in the Lok Sabha, though there was a decline in the
presence of Lawyer members Workers and trade unionists were still conspicuous by their
absence.
• The post 1989 period has witnessed significant changes in the composition of the Lok Sabha
MPs in terms of their social profile, though economically they still belong to the affluent
sections of the society. The educational qualification of the MPs was better than their earlier
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counterpart. Interestingly, many of the postgraduates were from state parties like the BSP,
the AIADMK, the DMK, etc. The SC, ST, and OBC members appeared to be as educated
as general category members were. OR
• In terms of occupation, majority of MPs were either agriculturist or full time social and
political workers. This change made the legislature more representatives in its character.
Urban professional classes too had not altogether lost interest in the political process. When
taken together, lawyers, businesspersons, educationists, and other urban professionals still
constituted nearly 40 per cent of the Lok Sabha membership.
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• These small but significant changes in the socio-economic composition of the Lok Sabha
indicate the emergence to a new leadership. A large number of these members of the new
political elite had made gradual progress from grass root level to national politics through
the democratic process. An increasing number of them belong to state parties, or have
considerable legislative experience at state level. It may therefore be assumed reasonably that
there was a gradual transition of state elite to national politics. They appear to have brought
the influence of state politics to national level. Their view of politics and political institutions
GS
is fundamentally different from their predecessors, who were imbued with political idealism
inspired by the west and nationalist spirit.
Changing nature of Leadership and its Impact on Legislative Efficiency
• The change in the socio economic and political composition of the Lok Sabha seems to have
affected the efficiency of the parliament. Though a direct relationship between changing
composition and efficiency is difficult to establish, it is possible to identify certain trends.
• Law making, which constituted one of the three most significant functions of the legislature,
witnessed a steady decline. The time spent on discussion of bills and the number of legislations
enacted, the extent of discussion and the interest of members in the deliberative process,
have all declined gradually, especially where the government has seemed vulnerable. 1 Less
time and interest is shown by members in important financial discussions and budgets.
• Question Hour, once a very popular procedure of Lok Sabha, too has lost its appeal. Thus,
as many as 20 starred questions, on an average, were answered during Question Hour in
the second Lok Sabha.2 On an average, nearly 50 MPs participated in such discussions and
a large number of them were from opposition parties, though the opposition was numerically
inferior then than it is today. This has declined to about three to four starred questions in
the period after 1989 and the number of participants in the question hour averages around
20 every day.
• What is significant however is that the time spent and issues raised under Rule 377 or short
duration discussions, which allow MPs to raise constituency concerns, have gone up. Nearly
half of the matters raised during zero hour were related to constituency matters. Even
Private Members Resolutions and Question Hour which offers opposition an opportunity to
suggest alternative were used more to criticize governmental policies and discuss local matters
rather than to make suggestions. This trend has accentuated in recent times.
• Many of the issues raise in the parliament could well have been dealt at the state level. This
may be indicative of the desire of members to act as ‘representatives’ rather than members
of national legislative forums. One plausibility of such behavior may be the political pay offs
in the form of reelection that representative functions gives MPs.
• There has also been a qualitative change in the manner in which traditional parliamentary
functions, particularly those of seeking information and demanding better allocation of
resources, are performed. MPs in earlier parliament’s utilized parliamentary time to seek
information, pressurize the government to grant concessions for their constituencies and to
retain their independent existence. Hence, the opposition showed great interest in
E
parliamentary procedures such as Question Hour, legislative discussions, financial discussions,
etc. Such discussions were mainly on economic and developmental issues such as setting up
public sector enterprises, development of infrastructure, public spending, and the like. The
OR
tone and tenor of the debates were serious with both the government and opposition paying
serious attention to it. Local issues were also couched in language of national discourse. This
gave a national character to the political discourse within the parliament and even outside.
• In the last two decades, there has been a perceptible decline in the interest of the members
in parliamentary proceedings; Discussions on legislations take place more within the
Committees rather than in the House, itself. When they do take place, they are in the nature
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of electioneering with claims and counter claims by both sides, especially if the issues debated
upon are social or non-technical in nature.
• On economic and legal issues, the discussions continue to be technical with few members
who have obtained expertise through experience participating in it. While questions still
relate to grant of concessions, the tone and tenor of discussions are far more aggressive.
Discussions are characterized by strident attacks and questions on the intent of the
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government. The language of discussion is both English and Hindi and humor, when used
is more in the nature of sarcasm.3 .Extra parliamentary and unparliamentarily methods such
as bargaining and negotiations between parties outside the legislature, walkouts, walking to
the well of the House, high decibel sloganeering, etc. have become a regular part of
parliamentary proceedings.
New Political Elite: Redefining the Functions of Parliament?
• The parliament in all democracies perform the functions of law making, deliberation, executive
oversight and accountability. The democratization of the polity together with the emergence
of a new elite has led to a redefinition of the traditional functions of the parliament and
reinterpretation of the role of parliamentarians, which is unique to expanding democracies.
Broadly speaking the modern Indian legislature appears to perform the following functions
– Provide necessary numbers that are needed for government formation
– Correct imbalances born out of the functioning of competitive politics
– Provide the theatrical space for adversarial combat rather than of deliberative clarity
– Launch an attack on government policy and its implementation.
– Represent local interest and constituency concerns and
– Communicate with the electorate
• The fragmentation of polity and emergence of coalition politics has meant that governments
are based on impermanent alliances. In the absence of solid majorities and alliances based
on ideology, the parliament provides the necessary numbers for government formation. This
has emerged as the primary utility of the parliament both for political parties and for its
parliamentary membership. Moreover, the failure of governments to complete its tenure has
it vulnerable to bargains and compromise.
• Parties whether in government or opposition coalition aim at maximizing their political
gains for as long as they are in office. Thus, demand for specific portfolios, such as railways
and state specific concessions such as waiver of all central loans are not unusual. Such
demands are justified on grounds of political biases of previous dispositions. They have
assumed the status of democratic means of rectifying political imbalances.
• Interestingly in the last two decades, the smaller state parties have laid down the agenda of
political discourse within the parliament. No issue which lacks the support of state parties
E
has usually been debated or passed. Thus, for instance, the women’s reservation Bill could
not be passed by the 14th Lok Sabha despite it having the support of both the major parties,
the Congress and BJP. The nature of deliberation is also determined by smaller parties to a
OR
large extent. The MPs of regional parties are oriented towards local are most interested in
raising local issues and constituency concerns in the interest of maximizing political gains
and gaining public attention. Their insular nature and their limited support base also contributes
to this process.
• Given the intense political competition and the dependence of government on such parties
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for continuation in office, MPs irrespective of their party affiliation have competed to ‘act as
representatives’. Discussion on national issues have also been interpreted from local
standpoints and parliamentary procedures of all types are used to achieve this end. The
parliament has emerged as a forum representing constituency concerns.
• In the process, the parliament has become far more representative in its character. Even the
language of discussion are carefully chosen as it reflected the world view of the representative
and the larger audience that the representative addressed. Thus, upper caste professionals
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spoke on technical issues and occupational concerns in chaste English, women members
from national parties and members of regional parties of the south, spoke in English, the
language of modernity, while OBCs upper caste Hindus from the Hindi heartland, speak in
Hindi.
• The issues that were raised assumed lesser significance, for on every issue members have
found an opportunity to “act as representatives.” Local issues gained prominence over
national concerns and the representatives interpreted national interest as a sum of local
interest.
• The new leadership perceives the deliberative body as a theatre of conflict between different
segments of the political elite, each making an attempt exercise independent influence over
the political process. This contributes to the process of maintaining distinct political identity
on the one hand and political maneuvering and bargains in the era of coalitions on the
other. In the absence of strong ideological underpinning and inadequate distinction between
parties over policies, the parliament has emerged as an important the adversarial space. The
primary focus of political parties is to questioning credibility of the government sometimes
with a view of bringing it down.

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SCORE

BY Dr. PIYUSH CHAUBEY

1. All questions are compulsory to attempt:

Political Science [1]

7. Attempt all questions:

8. Attempt all questions:

• Word limit in questions, wherever specified, should be adhered to.

1. All questions are compulsory to attempt: (125-150 Words) (12.5 × 4 = 50)

(a) Criticism of directive principles

(b) Martial law and fundamental rights

(c) What is the political-institutional perspective of the Indian State?

(d) Radical humanist perspective of Freedom struggle

2. Attempt all questions: (250-300 Words) (25 × 2 = 50)

3. Attempt all questions:

4. Attempt all questions: (250-300 Words) (25 × 2 = 50)

5. All questions are compulsory to attempt: (100-125 Words) (12.5 × 4 = 50)

(a) Functional criticism of Indian CAG.

(c) Organizational Structure and jurisdiction of Subordinate Courts in India.

6. Attempt all questions:

7. A ttempt al l questi ons: (250-300 Words) (25 × 2 = 50)

8. Attempt all questions: (250-300 Words) (25 × 2 = 50)

Hints: Political Science [1]

[ 6 ] Hints: Political Science

[ 8 ] Hints: Political Science

with Gandhism and adopted peaceful struggle instead of class warfare.

Hints: Political Science [9]

fighting court case.

Hints: Political Science [11]

a public interest and not just as a frivolous litigation by a busy body.

[16] Hints: Political Science

of infectious diseases such as Tuberculosis, Malaria, Hepatitis, HIV etc.

Hints: Political Science [17]

the three tiers have rather been found to be counter-productive.

3. It eliminates intimate contacts between voters and representatives.

• It is not vested with the power of disallowance of expenditures by the departments.

States under Articles 72 and 161 of the Constitution of India.

Hints: Political Science [23]

• The order is mala fide.

• The order has been passed on extraneous or wholly irrelevant considerations.

• Relevant material has been kept out of consideration.

• The order suffers from arbitrariness.

[24] Hints: Political Science

Hints: Political Science [25]

the Union Law.

[26] Hints: Political Science

from time to time.

Hints: Political Science [27]

(c) A post-electoral coalition with all partners joining the government

Hints: Political Science [31]

Hints: Political Science [33]

the hungry stomachs produce power hungry politicians.”

[34] Hints: Political Science

Hints: Political Science [39]

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