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LANDMARKS IN THE
CONSTITUTIONAL
DEVELOPMENT OF INDIA
Exercises
1. What are the salient features of the Indian Councils Act of 1909?
2. Describe the salient features of the Government of India Act of 1919.
3. Explain the meaning of Dyarchy. When was it introduced first in India?
4. What are the main features of the Government of India Act of 1935?
5. Enumerate the main provisions of the Indian Independence Act of 1947.
6. Write short notes on the following:
(a) Cabinet Mission Plan
(b) Mountbatten Plan
Chapter 2
INDIAN NATIONAL
MOVEMENT AND
ITS HERITAGE
Introduction Swami Vivekanand, Theosophical
Society founded by Madame Blavatsky
I ndia got Independence on 15th
August 1947. It was primarily the
result of the Indian National Movement
and Olcott, played a very important role
in creating a new awakening amongst
led by the Indian National Congress. tile people of India. They became proud
Besides the Indian National Congress, of their glorious past and looked ahead
there were other organizations also that for a new resurgence in India.
made their contributions to this (c) Effects of the British Rule:
Movement. The following passages give Though the alien rule of the British was
a brief survey of all those forces. indifferent to the sentiments of the
people, it proved to be a blessing in
Indian National Congress disguise. The network of railways and
Though the Indian National Congress telegraphs aroused and fostered a
was founded in 1885; its genesis can feeling of unity amongst the people
be traced from the various forces at hailing from different parts of India.
work since the mid-nineteenth century. (d) Western Education: The spread
They can be summarized as follows: of western education brought the
(a) Effects of the First War of people in touch with the philosophies
Indian Independence (1857): In this of the western thinkers with their
struggle for the first time rulers, emphasis on nationalism, democracy
soldiers and leaders from different and scientific outlook.
parts of India came in close contact (e) Economic Exploitation: The
with each other. Though it failed in economic policy of the British
achieving its main goal due to lack of Government in India was based on
resources, coordination and economic exploitation. They purchased
appropriate planning, it helped in raw materials from India at very cheap
bringing national consciousness rates and sent it to England to feed the
throughout India. needs of the British industries. The
(b) Impact of the Socio-Religious readymade goods of the British
Movements: The socio religious industries were sold in India at
movements of the nineteenth century, very high rates. The government
such as Arya Samaj founded by Swami discouraged cottage industries of
Dayanand Saraswati, Brahmo Samaj India and dumped the Indian
founded by Raja Rammohan Roy, market with goods manufactured in
Ramakrishna Mission founded by England.
INDIAN NATIONAL MOVEMENT AND ITS HERITAGE 15
(f) Oppressive Agricultural Policy: India which drained the Indian treasury
The British Government charged heavy of millions of rupees. Lord Lytton drew
land revenues on the poor peasants of India which drained the Indian treasury
India who heavily depended on the of millions of rupees. Lord Lytton drew
vagaries of nature. This caused a lot of India into an Afghan war that caused
resentment amongst Indian peasants enormous loss to India in the form of
against the British rule. men and money. While on the one hand
(g) Severe Famines: In the first half of he imposed heavy penalties on Indians
the nineteenth century there occurred for bearing arms without licence, there
seven famines, with an estimated total was no such restriction on the
of one million deaths while in the Europeans. The people of India took
second half, there were twenty-four this as an insult.
famines resulting in twenty million (j) Ilbert Bill Controversy: According
deaths. The British Government did not to the then existing law, an Indian
come out with any substantial help to Magistrate was not empowered to try
relieve the suffering people. and punish Europeans. The Bill wanted
(h) The Role of Vernacular Press: to remove this discrimination against
When the people of India noted that the the Indians. The European Community
English newspapers were hostile to the organized such a strong opposition
cause of Indians, they started against it that it was ultimately
newspapers in Indian languages. These withdrawn. This caused a feeling in the
newspapers began to expose the anti- minds of the people that they could not
people policies of the British get justice from the British Government
Government. This led the Government and that agitation was a means through
to enact Vernacular Press Act that which one could get one’s advance
restricted the freedom of Vernacular redressed.
Press. This provoked a lot of resentment
Birth of Indian National Congress
both in India and in England. This
resulted in its revocation. However, the It is obvious from the above that there
British Government adopted other was a lot of discontent against the
measures to deny freedom of speech British Government in India. It was felt
and expression to the people of India. by some observers that if this
(i) Repressive Measures of Lord discontent was not contained in time it
L ytton: During the Gover nor - might lead to another outburst like the
Generalship of Lord Lytton steps were uprising of 1857. They felt that there
taken which caused bitter feelings was a need of a counter part of His
against the British Government. While Majesty’s Opposition in India that
there was a severe famine in India, in could give the discontent an outlet.
1876, which took away toll of Mr. A.O. Hume belonged to this school
thousands of Indian life, Lord Lytton of thought. He felt that it would be a
held a durbar at Delhi in 1877 to great advantage to the country if
announce that Queen Victoria had leading Indian politicians could be
assumed the title of the empress of brought together once a year on friendly
16
INDIAN CONSTITUTION AND ADMINISTRATION
footing to discuss social matters. He extremists, on the other hand, believed
discussed this idea with Lord Dufferin, that when a foreign power rules over
the then Governor-General of India and another people, it is not in the interest
got an encouraging response. of the people ruled but the rulers
Accordingly, a meeting was convened themselves. According to them, the
in Bombay on December 28, 1885 that foundation of a foreign rule was
was presided over by W.C. Bonnerji. exploitation. It is through processions,
This meeting decided to form an All protest meetings, boycott of foreign
India organization by the name of goods, strikes, picketing, use of
Indian National Congress. In the very Swadeshi goods and demanding
first meeting, the Congress passed Swarajya that a foreign government
resolutions demanding various political could be forced to concede their
and economic reforms in India. Though demands.
Mr. Hume wanted the Congress to Gopal Krishna Gokhale led the
confine itself to social reforms only, yet moderates, Bal Gangadhar Tilak the
it emphasized political and economic extremists. The difference in the
reforms. Thus, in 1885 a firm approach between the two clearly
foundation was laid for an organised brings out the difference between the
Indian National Movement. moderates and the extremists. In the
words of Pattabhi Sitaramayya,
Extremist Movement Gokhale’s plan was to improve the
The policies that were followed by the existing condition, T ilak’s was to
Indian National Congress during 1885- reconstruct it; Gokhale had necessity
1918 are called moderate or liberal to work with the bureaucracy, Tilak
policies. Some of the members of the had necessity to fight it; Gokhale stood
Indian National Congress, however, for co-operation, wherever possible and
were not satisfied with these policies. opposition wherever necessary, Tilak
They wanted to give the policies an inclined towards a policy of obstruction;
aggressive colour. They are known by Gokhale’s ideal was love and service,
the name of extremists. Tilak’s was service and suffering;
Difference between the liberals or Gokhale’s method sought to win the
moderates and the extremists: The foreigner, T ilak’s to replace him;
moderates believed in the just sense of Gokhale’s objective was self-
the British people. They felt that the government for which the people have
British people were not aware of the to fit themselves by answering tests
miserable conditions of the Indian prescribed by the English, Tilak’s
people and felt that once the British objective was Swaraj which was the
people came to know of their problems, birthright of every Indian and which he
they would be solved. They, therefore, should have without let or hindrance
believed in submitting petitions, from the foreigner; Gokhale was on the
prayers, sending delegations, writing level of his age, Tilak was in advance of
articles in newspapers etc. The his time.
INDIAN NATIONAL MOVEMENT AND ITS HERITAGE 17
Cause for the Birth and Growth of through their writings, exposed the
Extremist Movement: The birth and exploitative policies of the British
growth of extremism in the first decade Government. This aroused discontent
of the twentieth century was the result against the British Government.
of so many factors which could be Famine: A big famine occurred in
summarized as follows: India in 1896-97. It affected about
Discontent over the Councils Act of twenty million people spread over in
1892: The reforms introduced by this different parts of India. The government
Act were inadequate and disappointing. did nothing to provide relief to the
The Councils were still dominated by starving masses. This also created a
the official nominees who seldom severe discontent in the minds of the
opposed government’s repressive people of India against the British rule.
measures. Even the elected members Plague: When famine was taking its
were ineffective as they were elected by tolls, there spread a severe plague in
the vested interests. Poona. The failure to check the spread
Revival of Hinduism: The three of plague infuriated the people to such
extremist leaders viz. Bal (Bal an extent that one Damodar Hari
Gangadhar Tilak), Pal (Vipin Chandra
Chapekar shot dead Rand, the
Pal), Lal (Lala Lajpat Rai) inspired
Commissioner of Poona. Chapekar was
revival of Hinduism. Bal initiated
hanged and many innocent people were
the worship of Lord Ganesh
brutally punished. This caused a lot of
in Maharashtra and celebrated
resentment in the minds of the people
Ganeshotsav for about a fortnight
of India.
wherein in the guise of religious
worship speeches and debates were The Repressive Policy of Lord Curzon
organized to inculcate the spirit of and other Gover nor-Generals:
nationalism. The same was the case in During the Governor-Generalship of
Bengal where Vipin Chandra Pal Elgin several unpopular measures were
initiated the worship of Kali and Durga enacted to harass the people. During
and celebrated Durgotsav for about a his regime a great famine broke out.
fortnight wherein in the guise of Instead of helping the people, the
religious worship debates and treasury was emptied in expanding the
discourses were organized to encourage forces and on holding a splendid
the feeling of nationalism amongst the Darbar in Delhi. According to one
people of Bengal, particularly the author “if even half of the vast sum
youth. These activities created a new spent in connection with the Delhi
awakening in the country. Darbar had been made over for the
Economic Exploitation: The purpose of famine relief, it might have
economic policies of the British been the means of saving millions of
Government in India were such that the men, women and children from death
poor people of India became poorer day by starvation.”
by day. The leaders like Dadabhai The events, which occurred during
Naoroji and Ramesh Chandra Dutta, the Governor -Generalship of Lord
18
INDIAN CONSTITUTION AND ADMINISTRATION
Curzon, added insult to injury. During But then, the moderates could not go
his regime Calcutta Corporation Act, too far in this direction. As a result, the
the Official Secrets Act and the Indian Congress was divided into two groups:
University Act were passed which the extremist and the moderates. At the
curtailed the freedom of the people of Surat session of the Indian National
India. His opinions regarding the Indian Congress in 1907 there was a formal
culture were highly insulting to the split in the Congress. The extremists left
people of India. His derogatory the Congress and carried on their
speeches caused a lot of discontent in programmes independently.
the minds of the Indian People. Revolutionaries
Partition of Bengal and Swadeshi
Movement: During Lord Curzon’s rule The youth of the country was not
the Province of Bengal was partitioned. satisfied with the policies of the
There was a sinister motive behind it. extremists also. They had a firm belief
He wanted to favour the Muslims by that even these policies were not going
creating a Muslim majority province by to get them ‘Swarajya’, For the success
partitioning Bengal. There was a of their mission they believed in the cult
of pistol and bomb. Hence they
spontaneous reaction against it. The
organized themselves into a number of
people decided to boycott the foreign
societies on the model of Secret
goods and use Swadeshi goods. They
Societies of Italy and Russia. They
also organized bonfire of imported
secretly trained the young recruits in
goods. The Government adopted severe
physical exercises, use of weapons and
repressive measures to suppress the
religious practices of ‘Shakti Cult’. They
agitations. This resulted in a lot of anger
also tried to make inroads into military
against the British Regime.
camps and sow seeds of hatred against
Foreign Events: Several events that the British bureaucracy.
occurred in Europe in the later part of The British authorities dubbed the
the nineteenth century also inspired the revolutionaries as terrorists. They were
youth of India to work for the terrorists only in the sense that they did
emancipation of India. The defeat of terrorise those English officers who had
Italy at the hands of Abyssinia in 1896 adopted severe repressive measures
and Russia by Japan in 1905 also gave and committed brutalities on innocent
a new stimulus to Indian Nationalism. people. Their activities did serve eye-
The factors mentioned above gave birth openers to the British imperialists. The
to a radical wing in the Congress party. revolutionaries retaliated only when
They wanted a change in the moderate their national pride was hurt or when
policy of the Congress. To some extent the ladies were insulted. Their goal was
they succeeded. For instance, Gopal very noble. They had faith in
Krishna Gokhale, in his presidential democracy. Their ideal was to setup the
address at Banaras in 1905, con- rule of the farmers and workers and to
demned the partition of Bengal and remove all social and economic
supported the Swadeshi Movement. disparities.
INDIAN NATIONAL MOVEMENT AND ITS HERITAGE 19
Some of the prominent leaders This led the British officials to conspire
of the revolutionary movement against the Indian National Congress.
were: Barindra Kumar Ghosh, They adopted the policy of ‘divide and
Bhupendranath Dutta, Shyamji rule’ and encouraged the leaders of the
Krishna Verma, Chapekar brothers, Muslim community to keep away from
Savarkar brothers, Hardayal, Bhai the activities of the Congress. They were
Parrnanand, Ram Prasad Bismil, encouraged in this matter by Sir Syed
Sardar Bhagat Singh, Chandra Ahmed Khan and his Aligarh
Shekhar Azad, Yeshpal and Rashbehari Movement, which was trying to
Ghosh. establish a rapport between the Muslim
The outburst of activities of these community and the British
revolutionaries greatly alarmed the Government in India. It is to be noted
British Government who adopted a that the British officials used to look to
three-fold policy of repression, reform the Muslim community with suspicion.
and division. Repression took the form They felt that the uprising of 1857 was
of committing brutalities on the primarily an act of the Muslim
revolutionaries. Reform took the form community because the British had
of constitutional reforms such as snatched away power from the Mughal
Morley-Minto Reforms (Indian Councils rulers. Sir Syed Ahmed Khan wanted
Act, 1909), Montagu-Chelmsford to remove this stigma from the Muslim
Reforms (Government of India Act, community. This was a golden
1919) and the Government of India Act, opportunity to the British. They
1935. Division took the form of encouraged him and the officials of the
encouraging the establishment of Anglo-Indian-Mohammedan College,
Muslim League and introducing Aligarh, founded by him, to make a
communal electorate. representation to the Government for
separate electorate for the Muslims.
Muslim Communalism
Accordingly, a delegation, under the
When the Indian National Congress was leadership of Agha Khan, met the then
established in 1885, it not only enjoyed Governor -General and put forward
the blessings of the powers that be, their demand for separate electorate for
those days. The Governors of the the Muslims in the proposed
provinces, where its sessions were held, constitutional reforms. The attitude of
used to grace the occasions by their the Governor-General was sympathetic
presence. But when the Indian National to their demands.
Congress began to lay emphasis on Birth of All India Muslim League:
various proposals of political and The success of the Muslim deputation
economic reforms, the attitude of the that met the Gover nor -General
British Officials changed. They began enthused the Muslims to start a
to frown on the Indian National separate political organisation of their
Congress. But, in spite of the hostile own. Accordingly, on 30th December
attitude of the officials, the Congress 1906, the Muslim League was formed.
gained influence amongst the masses. The objectives of the League were
20
INDIAN CONSTITUTION AND ADMINISTRATION
defined as follows: (i) to promote among Another reason responsible for the drift
the Muslims of India a feeling of loyalty of the League towards the Congress was
to the British Government and to that Turkey had joined hands with
remove any misconception that may Germany and fought against the British
arise as to the intention of the during the First World War. Indian
government with regard to any of its Muslims, who accepted the Emperor of
measures, (ii) to protect and advance Turkey as their Khalifa (religious guru)
the political rights and interests of the began to look upon the British as their
Muslims of India and to respectfully enemies. Thus began a new chapter in
represent their needs and aspirations the history of the League. Both the
to the Government and (iii) to prevent Congress and the League held their
the rise among the Muslims of India of annual sessions at Lucknow and
any feelings of hostility towards other formulated a scheme for post-war
communities without prejudice to the reforms known as Congress-League
aforementioned objects of the League. Scheme or Lucknow Pact.
It is clear from the above that the Muslim League’s Attitude towards
primary objective of the League was Khilafat Question: In the First World
anti-Congress and pro-British. It stood War the Sultan of Turkey sided with
for separate representation for Muslims Germany. The Muslims of India were
in the Legislative Councils and weight- afraid that in case of defeat of Axis
age in the appointments in the powers, Turkey might be disintegrated.
government jobs. As the Sultan of Turkey was the Khalifa,
Changes in the Policy of Muslim the Muslims of India were opposed to
League: The Muslim League, however, the British efforts in the War. After the
could not command support from the War was over the suspicion of the
entire Muslim Community. Some of the Muslims proved true. The Turkish
top leaders like Mr Jinnah, Maulana Empire was disintegrated. This caused
Mohmmad Ali and Maulana Abul a lot of discontent amongst the
Kalam Azad did not agree with the Muslims. As the Indian National
communal character of the League. Congress supported the cause of
Under the pressure of these eminent Khilafat and made it an issue for the
Muslim leaders the League was Non-Cooperation Movement, the
compelled to modify its constitution Muslims came closer to the Congress.
and effect certain changes in its aims But this did not last for a long time.
and objectives. The Muslim League gave Communal riots in the Malabar District
up its dogmatism and drifted closer to spoiled the whole atmosphere. When
the Congress creed. It included the the Non-Cooperation Movement was
promotion of goodwill between the two withdrawn because of the Chauri
major communities and the attainment Chaura incident, the communal forces
of Swarajya under the patronage of the became very active in the politics of
British Crown in its aims and objects. India.
INDIAN NATIONAL MOVEMENT AND ITS HERITAGE 21
Muslim League’s Attitude towards Assemblies and Local Bodies, (iii) one-
Simon Commission: In the third of the total seats in the Central
Government of India Act of 1919, there Assembly should be reserved for the
was a provision for the review of the Muslims, (iv) representation of all the
working of the Act after a lapse of ten communities should be on the basis of
years. The Government, however, separate electorate; it should, however,
appointed a Commission, viz. Simon be open to any group to abandon the
Commission, two years earlier than the system of separate electorate in favour
due time. As all the members of the of joint electorate, (v) no legislature or
Commission were English people, the an elected body should adopt a Bill or
Indian National Congress felt that it was a resolution which was opposed by
an insult to the Indian people and three-fourths of the members of that
decided to boycott it. In the League, community in that body on the ground
however, there were two views, one in that it was injurious to the interests of
favour of cooperating with it, and other that community, (vi) adequate share
stood for its opposition. for Muslims should be provided
Muslim League on Nehru Report: In in the constitution of all services,
1928 an All Parties’ Conference was subject to requirements of efficiency,
held which appointed a committee (vii) adequate safeguards and state help
under the chairmanship of Motilal should be given for the protection and
Nehru to draft a constitution for the promotion of Muslim culture, religion,
future political set up in India. Its report language, education, laws and religious
(the Nehru Committee Report) provided institutions, (viii) at least one-third of
for joint electorate with reservation of total number of ministers in the central
seats for the Muslims. The League was and provincial cabinets should be
divided on the joint electorate. However, drawn from Muslim community and
those who were opposed to it (ix) no change in the Constitution
dominated the League. should be made by Central Assembly
Jinnah’s Fourteen Points: except with the concurrence of the units
Mr Jinnah, who did not agree with constituting the Indian federation.
Nehru Report, put forward his League’s Demand for Pakistan: The
demands, which he called minimum, idea of Pakistan was conceived by
for any political settlement in India. Mohd. Iqbal in 1930. He dreamt of a
These demands are called Jinnah’ s consolidated North-West Indian
fourteen points, which were presented Muslim State. However, it was Rahmat
before and ratified by the Muslim Ali who gave the idea a precise form. In
League. Some of the main points were: March 1940 the Muslim League passed
(i) the form of any Constitution to be a resolution, at its Lahore session,
drawn for free India should be federal which stated that “no constitutional
with the residuary powers vested in the scheme would be workable in
provincial government, (ii) the this country or acceptable to
minorities should be adequately Muslims unless it is designed on the
represented in all the Legislative following basic principles, viz., that
22
INDIAN CONSTITUTION AND ADMINISTRATION
geographically contiguous units are the British Government known as the
demarcated into regions which should Non-Co-operation Movement. There
be constituted with such territorial were several reasons for it. They can be
readjustments as may be necessary; summarised as follows:
that the areas, in which the Muslims Disappointment and Dissatisfaction
are numerically in majority, should be of the people : During the First World
grouped to constitute an independent War (1914-18) the people of India
state. The League resolved that the helped the British Government with
British Government, before leaving men and money both. After the war was
India, must effect the partition of the over the people of India expected that
country into Indian Union and they would also get their due rights and
Pakistan. The basis of League’s demand democracy would be introduced in
was its mischievous ‘Two-Nation India. But what they got was Dyarchy
Theory’. According to this theory the wherein the real powers belonged to the
Hindus and the Muslims are not two irresponsible executive councillors and
communities but two nations. the responsible ministers were
In 1942, when the Congress handicapped by paucity of funds. Not
launched the Quit India Movement, the only this, before the war was over the
Muslim League, instead of supporting process of retrenchment in the army
it, co-operated with the government to had already started. In order to
crush it. In the general elections held suppress the possible agitation due to
in 1946, the League captured majority the unemployment to be caused by the
of Muslim seats. It is to be noted that
policy of retrenchment the Government
in the elections of 1937, the Muslim
introduced two Bills viz. Rowlatt Bills
League’s performance was not so good.
which aimed at arresting the people for
Encouraged by its enormous success,
unlimited period without assigning any
the Muslim League launched its
reason and without giving them any
campaign for the formation of Pakistan
protection of defense through legal
with greater enthusiasm. When the
Cabinet Mission Plan did not indicate experts. This caused a lot of
the formation of Pakistan, the Muslim disappointment and dissatisfaction in
League resorted to ‘direct action’ which the minds of the people of India.
resulted in communal riots throughout The Tragedy of Jallianwala Bagh:
India and chaos was created to such When Gandhiji started a countrywide
an extent that the Congress, which was agitation against the Rowlatt Act, the
totally opposed to the idea of partition, people of Punjab organised a public
accepted the Mountbatten Plan for the meeting at Jallianwala Bagh in
partition of India into two dominions Amritsar to support Gandhiji’s move.
viz., India and Pakistan. The place was enclosed on all sides by
the back walls of the houses. It had only
Non-Cooperation Movement (1920-22) one entrance gate that was so narrow
In 1920 the Indian National Congress that no carriage could pass through it.
decided to launch a movement against The martial law administrator General
INDIAN NATIONAL MOVEMENT AND ITS HERITAGE 23
Similarly, they would reject the budget Commission, two years earlier than the
and thereby force the Governors to use due time. As all the members of the
their extraordinary power of restoration Commission were English people, the
whereby the rejected budget would be Indian National Congress felt that it was
restored. In this way the party would an insult to the Indian people and
be able to expose the non-democratic decided to boycott it.
provisions of the Government of India The Commission was asked to
Act, 1919. In case they would not get enquire into the working of the
majority in the councils they would Government of India Act, 1919 and to
create obstructions in the passage of find out how successfully or otherwise
Bills and in the passing of Budgets. the dyarchy was working in the
They felt that as a result of their provinces. It was also to report on the
activities the moderates and the functioning of representative
reactionaries would fail in their mission institutions and whether it was
to co-operate with the Government. desirable or not to make further
Success and Work of Swarajist progress towards a fully responsible
Party: The Party contested the elections government.
in 1923 and secured clear majority in When the Commission landed in
the Central Legislative Assembly and in Bombay on February 7th, 1928 it was
the Legislative Councils of Bengal and greeted with black flags and wild
Central Provinces. In several other demonstrations. The same was
provinces, although it failed to get a repeated at every place the Commission
clear majority, they formed strong visited. In view of the disturbances all
opposition groups. Under the over the country, the government made
leadership of Moti Lal Nehru and C.R. an announcement to the effect that
Das, the party played a very important committees elected by central as well
role in the Councils and the Central as provincial legislatures would also be
Assembly. The party, in co-operation associated with the Commission. This,
with other groups in the Assembly, was however, did not satisfy the people.
able to secure the post of presiding The Commission submitted its
officer of the Central Assembly for report in May, 1930. Its main
Vitthal Bhai Patel. As a result of the re-commendations were as follows:
activities of the party, the Congressmen (i) abolition of dyarchy and introduction
got a good diversion and the Congress of provincial autonomy; (ii) the
remained in the lime light of people of Governors and the Governor-General
India. should be given special powers;
(iii) franchise should be extended to the
Simon Commission and its Report extent that at least 10-15 percent of the
In the Government of India Act, 1919, people should be able to get right to
there was a provision for the review of vote; (iv) retention of the communal
the working of the Act after the lapse of electorate and special representation of
ten years. The Government, however, the minorities; (v) introduction of
appointed a Commission, viz. Simon dyarchy at the Centre; and (vi) the
26
INDIAN CONSTITUTION AND ADMINISTRATION
Commission suggested the desirability freedom of faith, should be granted to
of the reconstitution of the central them; (vi) parliament should be
legislature on federal principle, having bicameral wherein the lower house viz.
representatives from all the provinces House of Representatives, should be
and those princely states which elected directly by the people on the
consented to join the proposed basis of adult franchise and the upper
federation, the method of election for house, viz., the Senate, should be
both the houses should be indirect. elected indirectly; (vii) the Governor-
Though the Report did not satisfy the General should act in accordance with
people and was bitterly criticized by the Constitution and his Executive
various leaders, it became the basis for Council should have a Prime Minister
the Government of India Act of 1935. and six ministers, who should be
collectively responsible to the Dominion
Nehru Committee and its Report Parliament; and (viii) a Supreme Court
In response to the challenge by the should be set up with the power to
Simon Commission to draft a interpret the Constitution and to decide
constitution acceptable to all the disputes between the provinces. There
parties, the All India National Congress should be no appeal against its
judgment to the Privy Council.
convened an All Parties Conference in
Though the All-Parties Conference at
February, 1928. Twenty-nine political
Lucknow accepted the Report
parties participated in it. The
unanimously, differences arose in
Conference appointed a committee almost all the parties when they began
under the presidentship of Motilal to scrutinise it separately. The Congress
Nehru to draft a constitution. accepted it only on the condition that
The main recommendations of the the British Government would accept
Committee are as follows: (i) dominion it in its entirety on or before 31st
status should be the immediate goal December 1929. In the event of its non-
and the government should be made acceptance by that date or its earlier
fully responsible; (ii) future constitution rejection, the Congress would
should be federal in nature wherein the organize non-violent, non-cooperation
provinces should be given as much movement and would declare complete
autonomy as was safely possible, independence as its goal.
residuary powers should reside with
the centre and the provincial Civil Disobedience Movement
legislatures should be unicameral; (1930-32)
(iii) communal electorate should be The Congress was fully dissatisfied with
done away with but there could be the way the government proceeded
reservation of seats for the minorities; with the Simon Commission. It was also
(iv) the state should be secular and not happy when the government
provide for cultural autonomy; rejected the Report of the Nehru
(v) sovereignty of people should be given Committee. There was a lot of discontent
a recognition and fundamental rights, amongst the peasants of Gujarat where
particularly the right to equality and Sardar Vallabh Bhai Patel led a
INDIAN NATIONAL MOVEMENT AND ITS HERITAGE 27
(e) Upliftment of Harijans: Our ‘gramodyog’ and use of ‘Khadi’ are the
leaders laid emphasis on social legacies of Gandhian era of our
equality. They did not believe in social liberation movement.
dis-crimination. Removal of un- (h) Rural upliftment: As India is
touchability was one of the main items predominantly a land of villages, our
of the constructive programme of the leaders fully supported the programme
Congress. Gandhiji founded the all of rural upliftment. This was also
India Harijan Sevak Sangh and included in the constructive programme
through a journal ‘Harijan’ he of the Congress.
propagated the cause of the Scheduled (i) Anti-racial: Our leaders were
Castes. In the later years of his life he always opposed to all forms of
used to stay in Harijan Colonies so that racialism. They always supported
all his countymen could emulate his those people who were fighting against
example for the upliftment of Harijans. racialism.
(f) Emancipation of Women: With the (j) Anti-Imperial and Anti-colonial:
entry of Gandhiji in Indian politics our The leaders of our national movement
leaders strongly supported the cause of have taken a consistent stand on
emancipation of women. Gandhiji
imperialism and colonialism. They
brought Indian women out of purdah.
always stood against all forms of foreign
Thousands of women participated
rule. They always supported those
actively in the freedom struggle. They went
people who were fighting for their
to jails and faced lathi charge as well as
liberation from imperial or colonial rule.
firing at the hands of the then rulers.
(g) Promotion of Cottage Industries: (k) Unity in Diversity: Our national
As our leaders stood for the cause of leaders strongly supported the cause
downtrodden and poor peasants, they of national unity but they did not
supported the policy of establishing and oppose diversities. In fact, they stood
promoting cottage industries. for unity in diversity. Their support for
Gandhiji’s ‘charkha’ became a symbol federal form of government was based
of cottage industries. Promotion of on this policy.
Exercises
1. Enumerate the causes that led to the birth of Indian National Congress.
2. Distinguish between the policies of the moderates and the extremists.
3. What are the causes that led to the growth of extremism in India?
4. Enumerate the causes that led to the rise of communalism in India.
5. Explain the programme of the Non-Co-operation Movement.
6. What were the policies and programmes of the Swarajist Party? To what extent
did it achieve its goal?
7. Describe, in brief, the Civil Disobedience Movement of 1930-32 launched by
Gandhiji.
32
INDIAN CONSTITUTION AND ADMINISTRATION
8. Describe the Quit India Movement of 1942.
9. Describe, in brief, the values inherited from the Indian National Movement.
10. Write notes on:
(a) Simon Commission and its Report
(b) Nehru Committee and its Report
(c) Policy of Divide and Rule
(d) Communal Electorate
Chapter 3
INDIAN CONSTITUTION —
PREAMBLE, SALIENT FEATURES
AND INDIAN FEDERATION
Preamble to the Indian for minorities; backward and tribal
areas, and depressed and other classes.
Constitution B.N Rau, the constitutional advisor
to the Constituent Assembly, prepared
a draft of the Preamble based on this
T he term preamble literally means
preface, preliminary statement or
introduction. The Preamble to the
Resolution. The Drafting Committee
considered this draft and after making
some changes adopted it at the stages
Indian Constitution deals with the aims of the working of the Constituent
and objectives, the targets and ideals; Assembly so that it was in conformity
and the basis and foundations of the with the constitutional provisions.
Indian Constitution. The Preamble states that “We, the
The Preamble is directly related to People of India, having solemnly
the Objective Resolution passed by the resolved to constitute India into a
Constituent Assembly on January Sovereign, Socialist, Secular,
22, 1947. Some of the important Democratic Republic and to secure to
provisions of the Resolution were as all its citizens; Justice – social,
follows : (1) This Constituent Assembly economic and political; Liberty of
declares its firm and solemn resolve to thought, expression, belief, faith and
proclaim India as an Independent worship; Equality of status and of
Sovereign Republic and to draw up for opportunity; and to promote among
the future governance a constitution; them all Fraternity assuring the dignity
(ii) wherein all power and authority of of the individual and the unity and
the Sovereign Independent India, integrity of the Nation; in our
its constituent parts and organs Constituent Assembly this twenty-
of government are derived from the sixth day of November, 1949, do
people; (iii) wherein shall be hereby Adopt, Enact and Give to
guaranteed and secured to all the Ourselves this Constitution”.
people of India justice – social, Now, if we analyse the Preamble, the
economic and political; equality of first thing that we note is that it refers
status, of opportunity, and before the to The People of India who have
law; freedom of thought, expression, adopted, enacted and given to
belief, faith, worship, vocation, themselves this Constitution. The
association and actions, subject to law implication of this terminology is that
and public morality, and (iv) wherein it declares the people of India to be the
adequate safeguards shall be provided sovereign authority. It is to be noted
34
INDIAN CONSTITUTION AND ADMINISTRATION
that the leaders of our national Constitution (Forty Second
movement always emphasised the Amendment) Act, 1976. The term
sovereignty of Indian people. socialist indicates the incorporation
This Constitution was drafted and of the philosophy of socialism in
adopted by a Constituent Assembly the Constitution. It is to be remembered
that was not elected directly by the that K.T. Shah, a member of the
people. In fact, the Legislative Constituent Assembly proposed in the
Assemblies of the Indian Provinces Assembly, had the inclusion of this
elected it indirectly. The Assemblies term in the Preamble. But Nehru had
themselves were elected in 1946 strongly opposed it because according
according to the provisions of the to him, they had already provided for
Government of India Act, 1935. The Act the substance of economic democracy
had provided for a restricted franchise. in the Constitution in chapters on
Most of the representatives of the Fundamental Rights and Directive
princely states in the Constituent Principles of State Policy and there was
Assembly did not enjoy even this much no need for the inclusion of such terms
representative character. In spite of that were likely to be interpreted
these limitations, the Constituent differently by different people.
Assembly could be called real Similarly, there was also a proposal
representative of the people because it in the Constituent Assembly for
had representation of almost all shades inclusion of the term secular in the
of opinions. It was possible because of Preamble, but it was also opposed on
the magnanimity of those who ruled the ground that there was no fixed
over India then. They saw to it that all meaning attached to this term. However
sections of people of India have a place leadership, in 1976, felt the need for
in the Constituent Assembly. inclusion of this term in the Preamble.
It is noteworthy that the term
Another important feature of the
secular, as interpreted by the courts in
Preamble is that it aims at making India
India, means that ‘the State’ shall not
a sovereign, socialist, secular,
discriminate between different religions
democratic Republic. Sovereignty
and all shall be treated equally.
implies that India is absolutely free
The term democratic implies that the
from any other authority, internal or
Governments are elected and
external. Though some critics are of the accountable for their deeds to the
opinion that the membership of people of India. Elections have to be
the Commonwealth compromises held at regular intervals and people are
this status, yet it is not true. The allowed to exercise their franchise freely
Commonwealth has undergone a and fairly. It also means that there shall
sea-change from its original position prevail the rule of law and no one could
and now it is purely a voluntary act arbitrarily.
association of independent and The term Republic implies that the
sovereign States. Head of the State gets his office by
The terms socialist and secular were election by the people and not by
added in the Preamble by the hereditary claims.
INDIAN CONSTITUTION 35
The Preamble also aims at securing the dignity of the individual without any
to all citizens Justice: social, economic consideration of his status in society.
and political. Though it is not easy to Similarly, such a brotherhood should
give a precise meaning of the term also lead to the unity and integrity of
justice, by and large, it can be stated the nation.
that the idea of justice is equated with In nutshell, the Preamble aims at a
equity and fairness. Social justice, social order wherein the people would
therefore, would mean that all sections be sovereign, the government would be
of society, irrespective of caste, creed, elected by and accountable to people,
sex, place of birth, religion or language, the powers of the government shall be
would be treated equally and no one restricted by the rights of people and
would be discriminated on any of these people would have ample opportunities
grounds. Similarly, economic justice to develop their talents. Though the
would mean that all the natural Preamble is not technically enforceable
resources of the country would be through courts of law, it is useful in
equally available to all the citizens and interpreting the various provisions of
no one would suffer from any the Constitution and acts as a beacon
undeserved want. Similarly, Political in conflicting situations.
justice entitles all the citizens equal
political rights such as right to vote,
right to contest elections and right to Indian Constitution:
hold public office etc.
The Preamble also keeps liberty of Salient Features
thought, expression, belief, faith, and
worship as its ideals. It means that the
citizens would be free to follow a Introduction
religion of their own choice and express The salient features of the Indian
their views freely and frankly. ‘The Constitution are of two types. There are
State’ would not interfere in all these some features that are unique to this
matters. Constitution; no previous constitution
The Preamble also provides for possessed them, while there are others
equality of status and opportunity. It which, though not peculiar, are still
implies that all the citizens would be important characteristics.
able to make full use of their talents
UNIQUE FEATURES
without any interruption and develop
their personality to the maximum Framed by the People of India: This
extent possible. Constitution has been framed by the
Lastly, the Preamble also aims at representatives of the people of India
developing fraternity assuring the through a Constituent Assembly
dignity of individual and the unity and during 1946-1949. Prior to it, the
integrity of the nation. It means that British Parliament enacted all the
the common brotherhood, to be constitutions. The Constituent
developed in India, would be based on Assembly, however, was elected
36
INDIAN CONSTITUTION AND ADMINISTRATION
of India Act, 1935, also had, more or the Government of India Act, 1935 also
less, similar provisions. By national had provided for such Agencies. Some
emergency we mean an emergency of the Agencies, provided by the
which is declared when the President Constitution are as follows:
is satisfied that the security of India (i) Election Commission for conducting
or of any part thereof is threatened free and fair elections of the Union
by war or external aggression or and States’ Legislatures and of the
armed rebellion, he may proclaim President and Vice President of
an emergency. In such a situation India. Provisions have been made
the federal character of the Consti- to make the members of the
tution takes the shape of a unitary Commission free from executive
constitution. control.
By failure of constitutional (ii) Comptroller and Auditor General to
machinery we mean a situation where keep a watch on the finances and
President feels satisfied that it is not accounts of the Union and States.
possible to carry on the Government of Provisions have been made to keep
a State according to the provisions of him free from any control of the
the Constitution, he can impose executive of the Union or States.
President’s rule in that State. The (iii) Union and State Public Service
executive authority of the State Commissions to conduct
becomes subordinate to the Union examinations and interviews for
executive and the legislative authority recommending candidates for
of the State becomes subordinate to appointments in higher services in
Parliament. both the Centre and the States.
By financial emergency we mean a
situation when the financial stability of
the nation or of any part thereof is at Indian Federation and
stake, then President may declare a
financial emergency. Such a its working
declaration authorises the President to
issue directions to States with regard
Introduction
to the way they must manage their
financial affairs. It also authorises As stated earlier, the Government of
President to reduce salaries, allowances India Act 1935, for the first time,
etc., of all such office holders who get provided for a federal form of
them from Consolidated Fund of India government in India. But due to strong
and ordinarily are not subject to opposition, particularly from the
reduction. princely states, it could not come into
existence. Our constitution makers,
Independent Agencies however, were not discouraged by the
The Constitution also provides for some past experience and again provided for
Independent Agencies to perform it in the new Constitution. There are,
functions allotted to them. Prior to it, however, different opinions regarding
40
INDIAN CONSTITUTION AND ADMINISTRATION
the character of our polity. Some people principle. Then the question arises: are
are of the opinion that it is a federal we to confine the term ‘federal’ only to
polity with strong unitary tendencies, such polities where the ‘federal
while there are others who feel that it is principle’ has been applied completely
primarily a unitary polity with some and without any exception? According
federal features. Prof. K. C. Wheare, to Wheare exceptions are permissible
who is regarded as an authority on the provided ‘federal principle’ is retained
subject, calls it a quasi-federal polity. predominantly.
It is, therefore, necessary to know as to Now, if we look at the federal
what are the features of a federal polity principle we find that following are the
and then examine whether Indian polity most essential features:
can be termed as federal or not. There should be a clear-cut division
Generally speaking, when two or of power between the central (federal or
more than two independent states union) government and the
having some common features, which governments of the units (i.e, states or
bind them together, combine them- provinces). This division must be done
selves, through a written agreement, to by a common agreement in writing. In
form a new common state, to achieve
other words. there should be a written
some common goal, by assigning
constitution that should be the source
sovereign powers to it in certain
of power of both the federal and the
subjects, in which it has an exclusive
state governments. This agreement, i.e.
jurisdiction, while retaining all other
constitution cannot be changed
subjects with themselves, they are
unilaterally by either federal or state
supposed to have formed a federal
Governments. In other words, the
polity.
constitution should be rigid. There
Now, if we apply the above criteria
strictly, very few federal polities in the should be supremacy of the
world would stand the test. The constitution. This means that all the
question then is: what are the essential authorities of the union and states,
elements without which no polity can such as legislature, executive and
be called federal? Prof. K. C. Wheare in judiciary should be subject to the
his work ‘Federal Government’ refers authority of the constitution. There
about the ‘federal principle’ without should be an impartial judiciary, such
which no polity can be called ‘federal’. as Federal/Supreme Court, to decide
According to him when “the field of disputes between different governments
government is divided between the (i.e. federal and state or state and state)
federal and state governments, neither and give interpretations of the
of which is subordinate to the other, but constitution in case of any dispute.
are coordinate and independent within Let us examine the provisions of the
the sphere allotted to them”, then this Indian Constitution in the light of the
arrangement represents the federal above criteria.
INDIAN CONSTITUTION 41
Division of Power: There is a clear- than one State on the other, or between
cut division of power between the Union one State on the one hand and another
and States. Seventh Schedule of the State or more than one State on the
Constitution provides for three lists (i) other.
the Union list comprises 97 subjects It is, thus, clear that the Indian
wherein the Union government has Constitution possesses almost all the
exclusive jurisdiction; (ii) the State list essential characteristics of a federal
has 66 subjects wherein the States have polity. But then there are certain factors
exclusive jurisdiction, while (iii) the that deviate from the generally accepted
Concurrent list has 47 subjects norms of federalism. They can be
wherein both the Union and States summarised as follows:
have jurisdiction but in case of conflict (a) Ordinarily, in a federal form of
between the two, law of the Union government, the Units of federation
prevails. have their own identity and their
Written Constitution: The source of own constitution which they can
power of both the Governments, Union change as per their requirements,
and States, is the written constitution but in India it is not so. The
enacted by the Constituent Assembly. Parliament of India can change not
Rigidity of the Constitution: The only the territories of a State, but
procedure of amending the also its name through an ordinary
Constitution regarding the federal law. The States do not have a
principle is rigid. It requires not only separate constitution of their own
the absolute majority of the members and cannot make any change in the
of the two Houses of Parliament and Constitution by themselves.
two-thirds majority of the members (b) The distribution of powers heavily
present and voting but also tilts in favour of the Union. The
endorsement of the Legislatures of at Union list comprises the largest
least half the States. number of items. In the Concurrent
Supremacy of the Constitution: The list also the Centre supercedes the
Constitution is supreme. All the powers of the States. Thus the
authorities of the Union and States such Centre dominates in about
as Legislatures, Executives and two-thirds of the total number of
Judiciary, get their powers from the subjects of the three lists together.
Constitution and are subordinate to it. Some of the items in the Concurrent
Impartial Judiciary: The Cons- list, such as ‘economic and social
titution provides for a Supreme Court planning’ or ‘social security’ etc. are
which is the highest authority in India of such potentiality that they can
regarding the interpretation of the substantially minimize the powers
Constitution. It possesses Original of the State Legislatures. In fact, the
jurisdiction in disputes arising between Planning Commission, which is an
Union on the one hand a State or more extra constitutional body, plays a
42
INDIAN CONSTITUTION AND ADMINISTRATION
very vital role in the distribution of it deems necessary, without the
finances under the Five Year Plans. concurrence of States. In fact, some
Not only this, generally in a classical times it deploys them against the
federation the residuary powers wishes of and in spite of protest by
belong to the States but in India the State governments. It is
they belong to the Union. noteworthy that the Opposition
(c) Even in the State list the protests such moves of the Centre
Constitution permits the Union but when it suits (for instance, on
Legislature to enact a law if the Ayodhya and Gujarat issues) it
Upper House of Parliament (Rajya demands for such a deployment.
Sabha), passes a resolution, (f) Governors of the States are
supported by not less than two- appointed by President and they
thirds of the members present and hold their office during his pleasure
voting, that it is necessary or and to the extent they exercise their
expedient in the national interest powers in their discretion, are
that Parliament should make a law answerable to him.
with respect to any matter (g) The Union Government is
enumerated in the State list, it empowered to issue administrative
would be competent for Parliament directions to the States in relation
to make law for the States with to certain matters (such as to
respect to that matter to be ensure compliance with the laws
operative for such period, not made by Parliament or such as not
exceeding one year, as may be to impede or prejudice the exercise
specified therein. The operation of of the executive power of the Union).
such legislation can be extended for The directions are binding on the
an additional period of one year at States. The Constitution provides
a time by resolution of Rajya Sabha adequate means for securing the
passed in the same manner as the compliance with the directions by
first resolution. the States. Non-compliance can be
(d) Not only this, laws passed by the treated as a failure of the
State Legislature, on a subject on constitutional machinery and
the state list, may be reserved for entitle the President to impose,
the consideration of the President what in common parlance is called,
by the Governor; some of them have President’s rule in that State.
to be specifically reserved and some (h) The Constitution has distributed
of them cannot be even introduced the financial resources in such a way
or moved in the State Legislature that States have to seek grants from
without the previous sanction of the the Union Government. The
President. President of India also appoints the
(e) Though Law and Order is a State Finance Commission of India, which
subject, the Centre deploys Central recommends allocation of such
Reserve Police in States, whenever grants.
INDIAN CONSTITUTION 43
Exercises
offence more than once and no one can impose compulsory service for any
be forced to give witness against his public purpose.
ownself. Article 24 prohibits employment of
Article 21 provides for the protection children, below the age of 14 years, in
of life and personal liberty. According factories or mines or in any other
to this Article no one can be deprived hazardous employment.
of his life or personal liberty except The purpose of this Right is to protect
according to the procedure established the people from exploitation. It is to be
by law. noted that the term ‘traffic in human
Article 22 provides for protection being’ means a trade in which men or
against arrest and detention in certain women are sold and purchased as
cases. According to this Article material goods.
whenever a person is arrested, he Right to Freedom of Religion
should be informed, as soon as may be, (Articles 25-28): There are four
of the grounds for his arrest and should Articles in this Right. Article 25 relates
be allowed to consult and to be to freedom of conscience and free
defended by, a legal practitioner of his profession, practice, and propagation
choice. It also provides that the arrested of religion. According this Article, every
person should be produced before the one is free to follow his own conscience
nearest magistrate within a period of 24 and follow and practice any religion of
hours of such an arrest excepting a his own choice. However, ‘the State’ has
person who has been arrested under a the power to regulate any economic,
preventive detention law. financial, political or other secular
A person arrested, under a preventive activity associated with religious
detention law is not, however, helpless. practice. ‘The State’ can also impose
His case has to be referred to an restrictions on this Right on grounds
Advisory Board, consisting of persons of public order, morality and health.
having qualifications fit for ‘The State’ is also empowered to provide
appointment as a Judge of a High for social welfare and can also throw
Court, within a period of three months open the Hindu religious institutions
of his arrest. He can be retained in of public character to all classes and
detention beyond three months only sections of Hindus.
when the Advisory Board approves it. It is clear from the above that ‘the
It is clear from the above that the State’ in India generally does not
constitution makers wanted to protect interfere in the religious affairs of
the people from the arbitrary rule of the any community. But it can interfere
executive. on grounds of public order,
Right Against Exploitation (Articles morality, health or any other secular
23-24): There are two Articles regarding requirement.
this Right. Article 23 protects the Article 26 provides for freedom to
people from forced labour. This Article manage religious affairs. According
prohibits traffic in human beings and to this Article every religious deno-
forced labour. However, ‘the State’ can mination is free to establish and manage
48
INDIAN CONSTITUTION AND ADMINISTRATION
institutions for religious and charitable this Article any minority having a
purposes and acquire and manage distinct language, script or culture of
property for running such institutions. its own has a right to conserve it. No
However, ‘the State’ can impose citizen of India can be denied admission
restrictions on this freedom on grounds to any educational institution
of public order, morality and health. maintained by ‘the State’ or receiving
Article 27 provides for freedom as to aid out of ‘the State funds’ on grounds
payment of taxes for promotion of any only of religion, race, caste, language
particular religion. According to this or any of them.
Article no one can be forced to pay a Article 30 provides for the right of
tax the proceeds of which are utilized minorities to establish and administer
to promote or maintain a particular educational institutions of their own. If
religion. ‘the State’ acquires any property of any
According to Article 28 no religious educational institution established and
instruction can be provided in any administered by a minority, it can be
educational institution that is done by providing such compensation
maintained wholly out of the ‘State’ as would not restrict or abrogate the
funds. However, such restriction will right of the minorities. ‘The State’
not operate in educational institutions shall not discriminate against any
that have been established under an educational institution, owned or
endowment or trust which requires that managed by a minority, while giving
religious instruction shall be imparted grants, simply because it is a minority
in such institutions. institution.
Article 28 also provides that no
Right to Constitutional Remedies
person can be required to take part in
any religious instruction that may be Article 32 provides for the security of
imparted or to attend any religious the Fundamental Rights. The Supreme
worship that may be conducted in Court, under this Article, is empowered
educational institutions recognized by to issue directions, orders or writs for
‘the State’ or receiving aid out of “the the enforcement of the Fundamental
State’ funds. Rights granted under this Part of the
It is clear from the above that these Constitution. The Article particularly
Articles aim at giving Indian polity mentions the writs of habeas corpus,
a secular character. The secular mandamus, prohibition, quo warranto
character of Indian polity, however, is and certiorari.
different from secularism as prevalent Habeas Corpus: This writ is, in form,
in other countries of the world. ‘The an order issued by the court calling
State’ in India is neither religious nor upon the person/authority by whom a
anti- religious. It is also not non- person is alleged to be kept; without
interventionist. legal justification, in confinement, to
Cultural and Educational Rights bring such a person before the Court
(Articles 29-30): Article 29 protects and to let the Court know on what
the interests of minorities. According to ground the person is confined. If there
FUNDAMENTAL RIGHTS AND DUTIES, DIRECTIVE PRINCIPLES OF STATE POLICY 49
It is, however, to be noted that the (3) To uphold and protect the
list given above is illustrative and not sovereignty, unity and integrity of
exhaustive. It is the Court that will India.
determine in each case whether a (4) To defend the country and render
particular feature of the Constitution national service when called upon
can be termed as ‘basic’ or not. to do so.
(5) To promote harmony and the
spirit of common brotherhood
Fundamental Duties amongst all the people of India
transcending religious, linguistic
and regional or sectional
Introduction diversities; to renounce’ practices
In modern times generally there is no derogatory to the dignity of
provision for Fundamental Duties in women.
the constitutions of the world. There are (6) To value and preserve the rich
hardly a few constitutions that have heritages of our composite
such a provision. In ancient times, culture.
however, the position was very different. (7) To protect and improve the
In those days emphasis was laid on natural environment including
duties, rather than rights. It was felt forests, lakes, rivers and wild life
that if everyone performs his duties, and to have compassion for living
then the rights would automatically be creatures.
safeguarded. But in 1976 the Indian (8) To develop the scientific temper,
Parliament felt that there was a need humanism and the spirit of inquiry
for inclusion of a list of Fundamental and reform.
Duties in the Indian Constitution. (9) To safeguard public property and
Accordingly, Constitution (Forty- to abjure violence.
Second Amendment) Act, 1976, was (10) To strive towards excellence in all
passed which added a new part, viz. spheres of individual and
Part IV A, and a new Article, 51 A, to collective activity so that the nation
the Constitution of India. The new Part constantly rises to higher levels of
was entitled as Fundamental Duties endeavour and achievement.
and it gives a list of ten Fundamental
Implications
Duties.
The ten duties are as follows: Now, let us examine these duties and
(1) To abide by the Constitution and find out the implications for the citizens
respect its ideals and institutions, of India. Abide by the Constitution: It
the National Flag and the National implies that every citizen should act
Anthem. according to the provisions of the
(2) To cherish and follow the noble Constitution. He should not do any
ideals which inspired our national thing that is prohibited by the
struggle for freedom. Constitution. Some of the important
52
INDIAN CONSTITUTION AND ADMINISTRATION
prohibitions by the Constitution are as untouchability, emancipation of
follows: the practice of untouchability women, national integrity, unity in
(Article 17), traffic in human beings diversity, anti-colonialism, anti-
(Article 23), abusing the health and imperialism, anti-racialism, democracy,
strength of workers and the tender age secularism etc.
of children (Article 39) and slaughter Uphold and Protect Sovereignty,
of cows, calves and other milch and Unity and Integrity of India: It
draught animals (Article 48). implies that every citizen should give
Respect its Ideals: The ideals of the priority to the national interest. All other
Constitution are given in the Preamble. considerations such as religion, race,
The Preamble aims at securing Justice language, caste, sex, and place of birth
(social, economic and political), Liberty should get a subordinate position. He
(of thought, expression, belief, faith and should do nothing which endangers the
worship), Equality (of status and of Nation.
opportunity) and Fraternity (assuring Defend the Country: Whenever there
the dignity of the individual and the is a war or an external aggression, every
unity and integrity of the Nation). citizen should come forward to defend
Respect its Institutions: Some of the the country and if there is a need, he
important institutions of the should join armed forces.
Constitutions are President, Vice Promote Harmony and Spirit of
President, Cabinet , Prime Minister, Common Brotherhood: India is a
Parliament, Supreme Court, Attorney multi-racial, multi-linguistic, multi-
General, Comptroller and Auditor religious and multi-cultural country. In
General, Union Public Service spite of various diversities, there is a
Commission, Election Commission, need for developing harmony between
Governor, Chief Minister, High Court etc. different races, languages, religions
Respect the National Flag and the and cultures. We should promote the
National Anthem: There are certain spirit of common brotherhood.
rules framed by the Government with Renounce Practices Derogatory to
regard to respecting the National Flag Women: Since ages women in India are
and the National Anthem. Every citizen being given a very low status in society.
is expected to follow these rules. One of Infanticide, dowry and sati system are
the rules requires that when the some of the most derogatory practices
National Flag is unfurled or the National that bring down the dignity of women.
Anthem is sung, every citizen should It is the duty of every citizen to
remain in the position of attention and renounce these evil practices.
no one should make any move or Value and Preserve Rich Heritage
murmur anything to anyone. of our Composite Cultures: Though
Cherish and Follow Noble Ideals of we have varieties of cultures prevalent
National Struggle: During our in different parts of India based on
national struggle our leaders laid down race religion, language, region and
certain noble ideals. Some of the customs, there prevails a fundamental
important ideals are removal of basic unity amongst all the cultures.
FUNDAMENTAL RIGHTS AND DUTIES, DIRECTIVE PRINCIPLES OF STATE POLICY 53
made for free legal aid, by suitable of national importance, from spolaition
legislation or schemes or in any other (extortion), disfigurement, destruction,
way, to ensure that opportunities for removal, disposal or export as the case
securing justice are not denied to any may be.
citizen by reason of economic or other It is clear from the above that these
disabilities. Directives aim at a social order
It is clear from the above that the aim where every citizen gets Elementary
of economic Directives is to bring a education free of charge and wherein
social order where there is no the cultural heritage of the past is
concentration of economic power and preserved.
the whole economic system is based on
Directives regarding health policies
the good of community at large and
wherein every one is guaranteed the There are two Directives in this
right to work and participation in category. The first requires ‘the State’
management and to adequate means to regard the raising of the level of
of lively hood, a living wage, equal pay nutrition and the standard of living of
for equal work, public assistance in its people and the improvement of the
cases of unemployment, old age, public health as among its primary
sickness and disablement and in other duties and, in particular ‘the State’ is
cases of undeserved want, just and required to endeavour to bring about
human condition of work, maternity prohibition of the consumption, except
relief, decent standard of life, full for medical purposes of intoxicating
enjoyment of leisure, social and drinks and of drugs which are injurious
cultural opportunities, free legal aid and to health. The second requires ‘the
wherein agriculture and animal State’ to endeavour to protect and
husbandry are organised on modern improve the environment and to
and scientific lines. safeguard the forests and wild life of the
country.
Directives relating to educational It is clear from the above that the
and cultural policies Directives aim at a social order where
One of the Directives requires ‘the State’ every citizen gets nutritious food and
to provide, within a period of ten years maintains a good standard of life by
from the commencement of the keeping his health sound and by
Constitution, for free and compulsory restraining himself from the
education for all children until they consumption of intoxicating drinks and
complete the age of fourteen years. drugs injurious to health and by
Another Directive states that it shall be protecting and improving environment
the obligation of ‘the State’ to protect and by safeguarding the forest and wild
every monument or place or object of life of the country.
artistic or historic interest, declared by To sum up, we can say that the
or under law made by Parliament to be Directive Principles of State policy aim
58
INDIAN CONSTITUTION AND ADMINISTRATION
at ushering a new social order. Such a order to be achieved through
social order may be given different democratic means and that is why they
names by different schools of thought. have made it an obligation of ‘the State’
To some it may appear socialistic, to endeavour to achieve it through
liberal or Gandhian, while to others it normal democratic machinery. Three
may appear merely an extension of
different schools of thought, Liberalism,
democracy to ‘economic’ and ‘social’
Socialism, and Gandhism inspired the
fields. The contents of the Directives
clearly indicate that the Constitution Constitution makers, and they have
makers wanted to achieve the golden tried to combine all the three in the best
mean between the liberal ideas of possible form. The best and the most
democracy and the Fabian ideas of non- controversial title of such an order
equality. They wanted the new social could be a ‘Just Social Order’.
Exercises
1. Why are the Rights granted to the citizens of India called Fundamental
Rights? Explain their importance.
2. What constitutes the Right to Equality?
3. Describe, in brief, the Right to Freedom as granted to the citizens of India.
4. How is the Right to Freedom of Religion related to secularism?
5. What are the Educational and Cultural Rights granted to the citizens of
India?
6. What is the significance of providing the Right to Constitutional Remedies?
7. Enumerate any five Fundamental Duties that a citizen of India is required to
obey.
8. Explain the implications of any five Fundamental Duties.
9. What do you mean by the Directive Principles of State Policy?
10. Distinguish between Fundamental Rights and Directive Principles of State
Policy.
11. Examine the nature of the Directive Principles of State Policy.
12. Explain any Three writs which the Supreme Court is empowered to issue for
the enforcement of the Fundamental Rights.
13. Write short notes on:
(a) Protection against Arrest and Detention
(b) Right against Exploitation
(c) Protection of Interests of Minorities
(d) Economic Policies
(e) Social Policies
(f) Health Policies
Chapter 5
GOVERNMENT
AT THE CENTRE
Article 352) is in operation the term of number of members forms the quorum
the Lok Sabha can be extended by the of any meeting of the House.
Parliament, by Law, for a period of one
Powers and Functions
year at a time.
The House elects its own presiding The primary function of the Parliament
officer, called Speaker, who conducts its is legislation. It has an exclusive power
business. In his absence from the to legislate on the subjects mentioned
House, Deputy Speaker, who is also in the Union List as well as all the
elected by the House, performs his residuary subjects (subjects not
functions. The functions of the Speaker included in any of the three lists). It
are as follows: he presides over the shares the power of legislation on
meetings of Lok Sabha and conducts subjects in the Concurrent List with the
all its proceedings except when the State Legislatures. Both of them can
resolution for his removal is under legislate on them but if there is a conflict
consideration; he determines the order between the laws passed by the
of business and prescribes the time Parliament and that of a State
limit for the speeches which are Legislature) the law of the Parliament
invariably addressed to him; he prevails to the extent of inconsistency.
maintains order and discipline in the
Law making Procedure
House; he prevents the use of
unparliamentary language in the The Bills introduced in, and passed by
House; he can name the member for the Parliament are of two types:
suspension or ask him to leave the Ordinary or Non-Money Bills and
House or order his physical removal by Money Bills. The procedure for passing
the Marshal of the house if a member a Money Bill is different from that of an
disregards or flouts his ruling; he can Ordinary Bill. An Ordinary Bill can be
suspend the business of the House if introduced first in either of the two
the House becomes unmanageable and Houses. Every Ordinary Bill, before it
the members are unruly; he enforces becomes an Act, has to pass through
the rules of conduct; he gives his ruling the following stages.
whether a resolution or a question is The draft of the proposed Bill has
admissible or not; he protects the to be sent to the Secretariat of the
members against the violation of their House. The Speaker of the Lok Sabha
privileges; ordinarily he does not vote or the Chairman of Rajya Sabha, as the
but when the house is divided equally case may be, after consulting the
on any issue he exercises casting vote, Business Advisory Committee,
he decides whether an adjournment determines the day and time when the
motion moved by a member is Bill is to be moved in the House. On the
admissible or not; he decides whether appointed day and time, the mover
a Bill is a Money-Bill or not; he presides seeks the permission of the presiding
over the joint sitting of both the houses officer to move the Bill. On receiving his
of Parliament. One-tenth of the total assent, the mover reads the title of the
62
INDIAN CONSTITUTION AND ADMINISTRATION
Bill and gives a short speech 20-30 members. The Committee makes
highlighting the aims and objectives of a thorough scrutiny of the Bill and
the Bill. If there is no opposition from suggests various changes, if any, and
anyone, the Bill is supposed to have then submits its report to the House.
been passed in the First Reading. Thse House considers the report and
Ordinarily, there is no opposition at this then discusses and votes the Bill in
stage, because it only implies that the detail clause by clause. If the House
House has consented to consider the approves it, it is supposed to have
Bill in details. But there are some crossed the report stage.
occasions when the opposition is not After an interval of some time the Bill
prepared to even consider the Bill. In is again put before the House for final
such a situation, the presiding officer or Third Reading. At this stage, there is
allows a full debate and then the Bill is only a general discussion and no
put to vote. If the House approves it, it amendment, excepting some verbal
is supposed to have been passed in the changes, is permitted. If the House
First Reading. approves the Bill at this stage the Bill
The Bill is moved again by the mover goes to the other House.
after an interval of some time (generally In the other House also the Bill has
of two days). This stage is called Second to undergo all the stages referred to
Reading wherein there is a general above. If the other House also approves,
discussion, after this there are three it goes to the President for his assent.
alternatives. The House may decide to However, if the two Houses differ, the
discuss the Bill in details, clause by President may call a Joint Session of
clause and also vote each and every the two Houses. If the Bill is passed by
clause. Alternatively, the House may a majority, the same is treated to be
decide to circulate the Bill for eliciting passed by the two Houses.
the public opinion. Then, the Bill is
Procedure in Financial Matters
published in the Government Gazette
inviting public reactions on it. The gist The famous saying ‘one who controls
of the public opinion is then circulated the purse controls the mind’ is fully
amongst the members of the House. applicable in the case of Parliament.
The House discusses the Bill in details Parliament exercises full control over
in the light of the public opinion and the finances of the Union Government.
then votes it clause by clause. In the beginning of every financial year
There is, however, another an Annual Financial Statement or
alternative. The House may decide to the Budget, showing the receipts
refer the Bill to a Select Committee and expenditure, is laid before the
consisting of such members of the Parliament.
House as have special interest in the The Budget is prepared in two parts,
subject. The presiding officer Railway Budget and the General
constitutes such a Committee having Budget. Former is presented by the
GOVERNMENT AT THE CENTRE 63
Railway Minister while the latter by the in the form of demands for grants under
Finance Minister. particular heads. They are put forward
The Budget shows separately the by the Ministers of the respective
expenditure charged on the Con- departments. Members discuss the
solidated Fund of India, which can be demands and may ultimately assent to
discussed but not voted upon and the the demands or refuse them altogether
sums required to meet other or reduce the amount that is
expenditure proposed to be met from demanded. The House has no power to
the Consolidated Fund of India, which increase the amount demanded. When
are discussed and voted upon by the all the Demands have been voted by the
two Houses. Lok Sabha, both the charged and non-
The Expenditure charged on the charged expenditures are put together
Consolidated Fund of India includes and incorporated in a Bill called the
emoluments and allowances of Annual Appropriation Bill. It is
President of India; salaries and presented before and passed by the Lok
allowances of the Chairman and Sabha in the same manner as any other
Deputy Chairman of Rajya Sabha, Bill. Then it is certified by the Speaker
Speaker and Deputy Speaker of the as a Money Bill.
Lok Sabha, Comptroller and Auditor- A bill is considered to be a Money-
General of India, Judges of the Bill if it contains provisions with regard
Supreme Court and High Courts to: (a) the imposition, abolition,
and debt charges relating to the remission, alteration or regulation of
Government of India. any tax; (b) the regulation of borrowing
The other expenditure proposed to of money or giving of any guarantee by
be met from the Consolidated Fund is the government of India; (c) the custody
presented in the form of Demand for of the Consolidated Fund or
Grants. The General discussion on the Contingency Fund; (d) the
these Demands begins after the address appropriation of money out of the
to the Lok Sabha by the Finance Consolidated Fund and (e) the receipt
Minister who, in his speech discuses of money out of the Consolidated Fund
the financial position of the country and or the public account. If there arises
expounds the financial policy of the any controversy as to whether a
Government. Along with the Budget, a particular Bill is a Money-Bill or not;
Finance Bill is also presented which the decision of the Speaker of the Lok
relates to levying of new taxes or Sabha is final.
enhancing or reducing existing taxes. A Money Bill cannot be introduced
The Budget speech by the Finance in the Rajya Sabha. After a Money Bill
Minister is followed by a general is passed by the Lok Sabha, it is sent
discussion on the Budget as a whole. to the Rajya Sabha for its re-
After the discussion is over, the commendation. The Rajya Sabha,
estimates are submitted to the House however, has to return the Bill with its
64
INDIAN CONSTITUTION AND ADMINISTRATION
recommendations within fourteen days introduction of a Bill in either House of
from the date of its receipt. If it does not the Parliament. The Bill has to be
return the Bill to the Lok Sabha within passed in each House by a majority of
fourteen days, the Bill is supposed to the total number of members of that
have been passed by both the Houses House and a majority of not less than
in the form in which it was passed by two-thirds of the members present and
the Lok Sabha. However, if the Bill is voting.
returned by the Rajya Sabha to the Lok But if such an amendment seeks to
Sabha within this period with its make changes in the federal character
recommendations, the Lok Sabha has of the Constitution, the amendment
the authority either to accept or reject also requires to be ratified by the
any of these recommendations. The Bill, Legislatures of not less than one-half
thereafter, is deemed to have been of the States. Changes in the federal
passed by both the Houses of
character are effected by changes in
Parliament. It is, then, sent to the
election process of the President, extent
President for his assent who cannot
of executive power of the Union or
withhold it.
States, power of the Parliament to
Control over the Executive constitute High Courts for Union
The Council of Ministers is collectively Territories, constitution and powers of
responsible to the Lok Sabha. The Lok the Supreme Court and High Courts,
Sabha is empowered to pass a vote of distribution of legislative powers
censure against the Ministry. Whenever between the Union and the States, the
such a motion is passed, the Ministry representation of the States in the
has to resign. Parliament and power of Parliament to
Both the Houses exercise control over amend the Constitution and the
the executive through asking questions, procedure thereof.
discussing matters of urgent public After a Constitution Amendment Bill
importance, moving call-attention is passed by both the Houses of the
notices and adjournment motions, and Parliament (and also ratified by not less
also by appointing various committees than one-half of the States in case it
such as Public Accounts Committee, affects the federal character), it is
Estimates Committee, Committee on presented to the President who gives his
Public Undertakings, Committee on assent and thereafter the Constitution
Government Assurances, the stands amended.
Committee on Privileges, the Committee It is note worthy that ordinarily,
on Subordinate Legislation etc. All
there are no limits on the powers of
these activities keep the executive alert.
Parliament to amend the Constitution
Constitutional Amendments by way of addition, variation or
An amendment to the Constitution of repealing any provision of the
India can be initiated by an Constitution. However, according to a
GOVERNMENT AT THE CENTRE 65
divided by 400× l000. Thus, each reason is the objective of bringing parity
elected member of this State Assembly in the voting strength of the two Houses
will cast only one vote, but the value of of Parliament on one hand and the
his vote would be 15. The value of the Legislative Assemblies of all the States
vote of all the elected members of the on the other.
Legislative Assemblies of all the States
Qualifications
obtained thus would form the voting
strength of the Legislative Assemblies. Any person who: (i) is a citizen of India,
This voting strength of the Assemblies (ii) has completed the age of 35 years,
would be divided by the total number (iii) is qualified for election as a member
of elected members of the two Houses of Lok Sabha, (iv) does not hold office
of Parliament. The quotient obtained of profit under Government of India or
thus would be the value of each vote of Government of any State or under any
elected member of the two Houses of local authority, can contest election for
Parliament. The value of vote of all the the office of the President of India.
elected members of the two Houses However, President, Vice President, the
obtained thus would form the voting Governor of any State or a Cabinet
strength of the two Houses of Minister, whether at the Centre or the
Parliament. Now, the result of the State, is not debarred from becoming a
election of the President would be candidate for contesting the election for
determined by the value of a sum total the office of the President.
of all the votes cast by all the elected Oath
members of the Legislative Assemblies
and that of the two Houses of Before entering upon his office the
Parliament. President is required to take an oath in
A question here arises as to why a prescribed form in the presence of
such a complicated procedure has been Chief Justice or the senior most Judge
adopted? One reason is the objective of of the Supreme Court of India.
bringing uniformity in the scale of Procedure for his Removal
representation of the elected members The President holds office for a term of
of different States. Though the seats five years from the date on which he
allotted to each State Assembly is based enters upon his office. He may resign
on the proportion of population but from his office. He can be removed at
then, the Constitution also lays down any time from his office through the
the minimum and maximum strength process of impeachment for violation of
of a Legislative Assembly irrespective of the Constitution. For this purpose a
any consideration of population. This charge must be levelled in either House
creates an imbalance in the scale of of the Parliament. It must be in the form
representation between different States. of a resolution signed by at least one-
This imbalance can be removed by the fourth of the total number of members
procedure prescribed above. Another of that House and moved only after
68
INDIAN CONSTITUTION AND ADMINISTRATION
giving a clear notice of fourteen days. If Courts, Governors of States and Chief
the resolution is passed by a majority Commissioners of Union Territories,
of not less than two-thirds of the total members of Finance Commission,
membership of that House, the matter Language Commission and Election
goes to the other House that Commission, Ambassadors and other
investigates it. The President shall have Diplomatic Agents of India to other
the right to appear or to be represented countries.
at such an investigation. If, as a result He also appoints Inter State
of such investigation, a resolution is Council, a Commission to report on the
passed by a majority of not less than administration of Scheduled Areas, a
two-thirds of the total membership of Commissioner for Scheduled Castes
that House (which investigated the and Scheduled T ribes, Backward
charges), stating that the charge has Class Commission, and Minority
been sustained, then the President Commission.
stands removed from his office from the The President has a right to be
date on which such a resolution has informed of all the affairs of the Union
been passed. Government. If the President so
requires, he can get submitted any
Executive Powers matter for the consideration of Council
All the executive functions of the Union of Ministers on which a decision has
government are carried on in the name been taken by a Minister but which has
of the President. It is he who appoints not been considered by the Council.
the Prime Minister. According to the
Legislative Powers
Constitution he can appoint only such
person to the post about whom he feels As President is an inseparable part of
that he would be able to command the Parliament, he possesses some
confidence of the majority of the legislative powers, such as summoning
members of Lok Sabha. The well- and proroguing the two Houses of
established convention is that he calls Parliament, dissolving the Lok Sabha,
the leader of the majority party or an addressing the Joint Session of the two
alliance of parties (if there is no one Houses, sending messages to either or
single party having majority) to form both the Houses, assenting the Bills
the Ministry. He appoints other passed by the two Houses, calling Joint
Ministers and distributes portfolios Session of the two Houses in case of
amongst them on the advice of the differences of opinion between them
Prime Minister. Besides, he also with regard to any non-Money Bill,
appoints Attorney General, Comptroller promulgation of an ordinance etc. He
and Auditor General, Chairman and also has the power to nominate twelve
members of the Union Public Service members to Rajya Sabha and not more
Commission, Chief Justice and other than two members of the Anglo-Indian
Judges of Supreme Court and High Community to the Lok Sabha if he feels,
GOVERNMENT AT THE CENTRE 69
support from more than half the State Rajya Sabha and does not hold any
Legislatures, the President may create office of profit under the Government
situations that are not favourable to the of India or any State or local authority,
Ministry. can be elected to the office of Vice
Thus, it is quite clear that ordinarily President.
(including the duration of emergency) Before entering upon his office, the
President has to act as a constitutional Vice President is required to take an
head but extraordinary situations may oath before the President or some
give him opportunities to exercise his person appointed by him.
powers according to his own sweet will. The Vice President holds office for a
term of five years from the date on
which he enters upon his office. He may
Vice President send his resignation addressed to the
President. He can be removed from his
office by a resolution of Rajya Sabha
The Constitution states that there shall passed by a majority of members of the
be a Vice President of India. The House and agreed to by Lok Sabha.
Constitution makes a distinction However, such a resolution can be
between the two categories of functions moved only by giving at least fourteen
that the Vice Presidents is required to days’ notice.
perform. When the office of the President It is interesting to note that a
is vacant by reason of his death, peculiar situation arose when V. V. Giri
resignation or removal the Vice was the Vice President of India and he
President becomes the Acting President. was required to act as President
But when the President is unable to because there occurred a vacancy in
discharge his functions due to absence the office of the President due to the
or illness, the Vice President discharges death of President Zakir Hussain. When
his functions as officiating President. the schedule for the election of the
The Vice President is elected by the President was announced V. V. Giri
members of both the Houses of decided to contest for it. But before
Parliament assembled at a joint filing his nomination he wanted to
meeting. The election is held in resign from his post. Now, the question
accordance with the system of arose as to from which post should he
proportional representation by means resign? Should he resign from his
of single transferable vote. All doubts substantial post of Vice President or
and disputes related to the election of should he resign from the post he was
a Vice President shall be decided by the holding at that time i.e. Acting
Supreme Court. President. When he consulted the legal
Any person who is a citizen of India, experts, he was advised to resign from
has completed the age of 35 years, is his substantial post i.e. Vice President
qualified to be elected a member of of India. According to the Con-
74
INDIAN CONSTITUTION AND ADMINISTRATION
stitutional provision the resignation Central Council of
letter was to be addressed to the
President of India. But he himself was Ministers
holding the office of President of India.
What to do in such a situation? The
The Constitution provides for a Council
legal experts advised him to address the
of Ministers, with Prime Minister as its
resignation letter to the President and
head, to aid and advise the President.
put it on his table and to simply walk
The President is required to act
out of the office. He, accordingly, did
according to its advice.
this and saved himself from the
The President first appoints the
embarrassing position.
Prime Minister and then on his advice
The Vice President receives such
appoints the other Ministers. The
salaries and allowances as are fixed by
President appoints such a person as
Parliament. Whenever he acts or
Prime Minister about whom he feels
officiates as President he does not
that he would be able to get support of
function as the Chairman of Rajya
the majority of members of Lok Sabha.
Sabha and is entitled to all the powers,
If a party commands absolute majority
allowances and privileges of the
in Lok Sabha and elects its own leader,
President. After getting elected as
the President has to appoint him as the
President, he cannot remain a member
Prime Minister. If no party commands
of either House of Parliament or of a
absolute majority but two or more than
State Legislature.
two parties combine together and form
The Vice President is the ex-officio
an alliance with a common programme
Chairman of Rajya Sabha. He presides
and that alliance is able to command
over the meetings of Rajya Sabha and
absolute majority in Lok Sabha, the
conducts all its proceedings except
leader of such an alliance is called upon
when the resolution for his removal is
by the President to assume the office of
under consideration. He enforces the
Prime Minister.
rules of conduct. Whenever there is a
The President then asks the Prime
division in the House on any issue, he
Minister to give a list of persons whom
counts the votes and declares the
he would like to appoint as members
results. He gives his ruling whether a
of the Council of Ministers. The
resolution or a question is admissible
or not. Ordinarily, he does not vote but President has to appoint such persons
when the House is divided equally on as Ministers, who have been so
any issue, he exercises casting vote. He recommended by the Prime Minister.
decides whether an adjournment There are three categories of
motion moved by a member is Ministers–Cabinet Ministers, Ministers
admissible or not. He acts as the of State and Deputy Ministers. Cabinet
Chancellor/Visitor of the Central is a small body of Ministers who occupy
Universities of India. a prominent position in the party and
GOVERNMENT AT THE CENTRE 75
hold important portfolios. It meets off It appears from the above that the
and on and takes all important policy Prime Minister is very powerful but
decisions of the government. A Cabinet actually it is not so. While forming his
Minister is the head of one or more Council of Ministers he has to take a
departments. The Ministers of State, number of considerations such as
again, are of two categories. Some representation of different sections of
Ministers of State have an independent society, different geographical regions,
charge of their Ministry while others act different ideological groups in the party
under the supervision of a Cabinet etc. As a result of these considerations,
Minister. Sometimes they may be called the choice of the Ministers for the Prime
to attend meetings of the Cabinet when Minister becomes very limited. By and
an important issue pertaining to their large, it can be stated that about half
department is discussed. Deputy the members of Council of Ministers are
Ministers work under the supervision there because the Prime Minister wants
of either a Cabinet Minister or a Minister them, but about half the members are
of State. Their main function is to assist there because the Prime Minister has
the Cabinet Minister or Minister of no other alternative. It is because of
State, as the case may be, in performing these things that the Prime Minister is
their functions. called primus inter pares which means
that he is first amongst the equals.
Position of The Prime Minister
The Council of Ministers meets very
The Prime Minister occupies a unique rarely. It is the Cabinet that meets
position in the Council of Ministers. It frequently. The Cabinet takes all the
is he who chooses other Ministers. major policy decisions. But the Council
Whenever there is a conflict between a of Ministers takes the responsibility for
Minister and the Prime Minister, the those decisions. It may be that an
Minister has to give way to the Prime individual Minister may differ on a
Minister. The Prime Minister may ask particular decision but he cannot
any Minister to resign from his post. If express it publicly unless he first
he does not do so, the President may submits his resignation from the
remove him from Council of Ministers Council of Ministers. The Council of
on the advice of the Prime Minister. Ministers is collectively responsible to
The Prime Minister presides over the Lok Sabha. It implies that a censure
meetings of Council of Ministers. It is motion against one Minister amounts
he who communicates the decision of to no confidence against the whole
the Council of Ministers to the Ministry in which case all the members
President. Whenever the President including the Prime Minister have to go
wants to communicate to the Council out of office. The members of both the
of Ministers, he does so through the Houses of Parliament keep control over
Prime Minister. Prime Minister is the Ministers by asking questions and
chief spokesman of the government. supplementary questions and by moving
76
INDIAN CONSTITUTION AND ADMINISTRATION
adjournment motions, call : attention the President has to consult the Chief
notices, and by appointing various Justice of India.
committees such as Public Account Only such a person can be appointed
Committee, Estimates Committee, a judge of the Supreme Court who is a
Committee on Government Assurances, citizen of India and has been a judge of
Committee on Public Undertakings, a High Court for at least five years or
Committee on Privileges, Committee on has been an advocate of a High Court
Subordinate Legislation etc. for ten years or is, in the opinion of
The Council of Ministers takes policy President, a distinguished jurist.
decisions on all matters of The judges of the Supreme Court are
administration. It supervises the paid such salaries as are determined
execution of all policy decisions. It by the Parliament by law. They are also
prepares Bills and pilots them in the two entitled to such privileges and
Houses of Parliament so that they allowances and to such rights in
become laws. It prepares the Budget respect of leave of absence and pension
and regulates income and expenditure as are determined by the Parliament
of the Union Government. It formulates from time to time. However, the
foreign policy and conducts its affairs Parliament cannot make any change,
with other countries. after their appointment, in the salaries,
allowances, privileges, leave of absence
and pension etc. of the judges adversely
affecting them except in case of financial
Supreme Court emergency. Every judge of the Supreme
of India Court including the Chief Justice holds
office until he attains the age of sixty-
five years. He, however, can resign his
The highest judicial authority in India post any time by submitting his
is the Supreme Court. It consists of a resignation to the President. He can also
Chief Justice and several other judges. be removed from his office by the
The number of other judges is decided President if each House of Parliament
by the Parliament by law. Originally the presents an address to him, supported
Constitution provided for seven other by a majority of the total membership
judges only. The Parliament increased of that House, and by a majority of not
the number several times. At present, less than two-thirds of the members of
the number of other judges is twenty- that House present and voting, for such
five. removal on the grounds of proven
Every judge of the Supreme Court is misbehaviour or incapacity.
appointed by the President after Every person appointed to be a judge
consulting such of the judges of the of the Supreme Court is required to
Supreme Court and of the High Courts take an oath of office before he enters
as President deems necessary. upon his office, before the President or
However, while appointing other judges some person appointed by him.
GOVERNMENT AT THE CENTRE 77
No person who has held office as a and any State or States on one side and
judge of the Supreme Court cannot one or more States on the other or (iii)
plead or act in any court or before any between two or more States. Such a
authority, within the territory of India. dispute should, however, involve some
When the office of the Chief Justice question of law or fact on which the
of India is vacant or when the Chief existence or extent of a legal right
Justice is by reason of absence or depends. The treaties concluded
otherwise unable to perform his duties, between the Centre and the princely
the same shall be performed by one of states are excluded from the Court’s
the other judges as the President may original jurisdiction.
appoint for the purpose. Appellate Jurisdiction
If at any time there is no quorum in
The Supreme Court hears appeals
the Supreme Court for performing its
against the judgement of a High Court:
duties, the Chief Justice, with the
In certain cases where a High Court
previous consent of the President and
certifies, in a civil or criminal case, that
after consultation with the Chief Justice
the case involves a substantial question
of the High Court concerned, may of law as to the interpretation of the
request one of the judges of a High Constitution or where the Supreme
Court, who otherwise is qualified to be Court grants special leave for such an
appointed a judge of the Supreme appeal.
Court, as its ad-hoc judge, for such In civil case where a High court
period as may be necessary. certifies that the case involves a
The Chief Justice of India may, at any substantial question of law of general
time, with the previous consent of the importance and in the opinion of the
President, request any retired judge of High Court the said question needs to
the Supreme Court or that of a High be decided by the Supreme Court.
Court (who otherwise is qualified to be In criminal cases where the High
appointed a judge of the Supreme Court has, on appeal; reversed an order
Court) to sit and act as a judge of the of acquittal and sentenced the accused
Supreme Court. Such a person will be to death or where the High Court has
entitled to allowances as the President transferred the case from subordinate
may determine and shall have all the court to itself, and then convicted the
jurisdiction, powers and privileges that accused and sentenced him to death
are enjoyed by regular judges. and where the High Court certifies that
the case is a fit one for appeal to the
Original Jurisdiction
Supreme Court.
The Supreme Court hears directly any
dispute, (i) between the Government Advisory Jurisdiction
of India and one or more States, If at any time it appears to the President
(ii) between the Government of India that a question of law or fact has arisen
78
INDIAN CONSTITUTION AND ADMINISTRATION
or is likely to arise which is of such a Court of Record
nature and of such public importance The judgments of the Supreme Court
that it is expedient to obtain the opinion are recorded and considered
of the Supreme Court upon it he may authoritative and serves as cases, laws
refer the question to the Court for or precedents.
consideration and the Court may, after
such hearing as it thinks fit, report to Contempt of Court
the President its opinion thereupon. The Supreme Court can start contempt
However, this advice of the Court is proceedings against anyone who
binding neither on the President nor on indulges in malicious propaganda
the parties affected by the opinion. against the judges or tries to influence
the judges.
Review of Judgements
The Supreme Court is empowered to Public Interest Litigation
review any judgement pronounced Till recently the judiciary, including the
by it. Supreme Court, entertained litigation
Enforcement of Supreme Courts’ only from those parties that were
Orders and Decrees: The decisions affected directly by it. But during the
of the Supreme Court are binding on last few years, a new practice has been
all the courts in India. All the civil and started. People, who are not involved
judicial authorities are required to directly in the case, may file litigation,
assist and aid the Court in the if it is in the general public interest. It
execution of its orders. is the privilege of the Court to entertain
Guardian of the Constitution: The or not the application for Public Interest
principal function of the Supreme Court Litigation.
is to act as the guardian of the To sum up, we can say that the
Constitution, particularly relating to the Supreme Court is a powerful institution
Fundamental Rights guaranteed to the of the Indian federation. It not only
protects the interests of units of
citizens. The Supreme Court has
the federation but also guarantees
concurrent right with the High Courts
the enforcement of constitutional
to issue directions, orders and writs for provisions. It safeguards the
enforcement of Fundamental Rights, Fundamental Rights of the citizens and
particularly the writs of habeas corpus keeps a check both on the executive
mandamus, prohibition, certiorari, and and the legislative wings of the
quo warranto. government.
GOVERNMENT AT THE CENTRE 79
Exercises
1. ‘The President is an essential part of the Parliament’. Do you agree with this
statement?
2. What is the difference between a Money Bill and an Ordinary Bill? How is a
Money Bill passed?
3. Describe the procedure of law making in Indian Parliament.
4. Do you agree that the Rajya Sabha enjoys fewer powers than the Lok Sabha?
5. Describe the procedure of election of the President of India.
6. What are the executive powers of the President?
7. Enumerate the legislative powers of the President.
8. Discuss the judicial powers of the President.
9. Can the President of India exercise the emergency powers according to his
own will ?
10. Examine the actual position of the President of India.
11. Describe the powers of the Vice President?
12. Is the Prime Minister ‘Primus inter pares’? Give reasons in support of your
answer?
13. What do you mean by collective responsibility of the Council of Ministers?
14. Discuss the original jurisdiction of the Supreme Court?
15. When does the Supreme Court of India advise the President? Is that advice
binding on him?
16. How does the Supreme Court protect the Fundamental Rights of Indian
citizens?
17. Write short notes on
(a) Parliament’s control over the Council of Ministers
(b) Public Accounts Committee
(c) Failure of constitutional machinery
(d) Financial emergency
(e) Procedure of Impeachment of the President
Chapter 6
GOVERNMENT
IN THE STATES
has the same force and effect as that of
State Legislature an Act of the Legislature. The ordinance
has to be laid before the legislature and
Exercises
Government of India Act, 1919 “in every of these bodies resulted in the
province,… a few local bodies have enactment of the Constitution
discharged their responsibilities with (Seventy-fourth Amendment) Act,
undoubted success… others have been 1992. It made statutory provisions
equally conspicuous failures, the bulk for the establishment, empowerment
lies between these two extremes”. and functioning of urban local
According to the Government of self- governing institutions. The main
India Act, 1935, dyarchy was done provisions of this Act can be grouped
away with and full provincial autonomy under two categories — compulsory
was introduced. On 1st April 1937 and voluntary. Some of the compulsory
popular ministries were formed and provisions are: constitution of Nagar
local self-government got a new Panchayats, Municipal Councils and
impetus. But in 1939, popular Municipal Corporations; reservation of
ministries resigned as a protest against seats in urban local bodies for
making India a party to the Second Scheduled Castes/Scheduled Tribes in
World War without consulting them. As proportion to their population;
a result, local self-government again got reservation of seats for women up to
a set back. one-third seats; the State Election
After the War was over and elections Commission, constituted with reference
for the Provincial Legislative Assemblies to conducting elections in the
took place in 1946, the newly Panchayati Raj bodies, should also
constituted ministries again took up the conduct elections to the urban local
cause of local self-governing bodies. self-governing bodies; the State
India got its independence in 1947 and Finance Commission, constituted with
a new enthusiasm set in motion. As a reference to financial affairs of the
result, elections were held for various Panchayati Raj bodies; should also
local self-governing bodies. The Five look into the financial affairs of the local
Year Plans also periodically highlighted urban self-governing bodies; tenure of
the problems of the municipal bodies urban local self-governing bodies fixed
and the inabilities of these bodies to at five years, if dissolved earlier, fresh
meet the growing demands of elections to be held within six months.
urbanization. The Central Government Voluntary provisions are — giving
has, from time to time, showed its voting rights to members of the Union
concern for the need to improve the and State Legislatures in these bodies;
urban bodies by appointing several providing reservation for Backward
commissions and committees. They Classes; giving financial powers in
made useful recommendations on relation to taxes, duties, tolls and fees
streamlining urban development in etc; making the municipal bodies
India. autonomous and devolution of powers
The sum total effect of the to these bodies to perform some or all
recommendations and suggestions of the functions enumerated in the
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INDIAN CONSTITUTION AND ADMINISTRATION
Twelfth Schedule added to the more. The Legislature of a State may,
Constitution through the Constitution by law, make provision with respect to
(Seventy- fourth Amendment Act) and/ the composition and the territorial area
or to prepare plans for economic of a Wards Committee and the manner
development. in which the seats in a Wards Committee
should be filled. However, the
Structure of Urban Bodies
Legislature of a State can make
The Constitution, as amended, provides provision for the constitution of other
for the establishment of Nagar committees in addition to the Wards
Panchayats for transitional areas (that Committees.
is to say, an area in transition from a Seats should be reserved for the
rural area to an urban area), Municipal Scheduled Castes and the Scheduled
Councils for smaller urban areas and Tribes in every municipal body in
Municipal Corporations for larger proportion to their population. Out of
urban areas. However, no municipality these reserved seats (for Scheduled
can be constituted in areas that come Castes and Scheduled Tribes) one-third
under the jurisdiction of an industrial would be reserved for women belonging
establishment that provides or to these communities.
proposes to provide municipal services Similarly, not less than one-third of
therein. the total number of seats to be filled by
Composition of Municipal Bodies direct election in every municipal body
All the seats in municipal bodies should should be reserved for women
be filled by persons chosen by direct (including their reservation in the quota
election from the territorial of Scheduled Castes and Scheduled
constituencies in the municipal area. Tribes).
However, the Legislature of a State may, Similarly, the offices of chairpersons
by law, provide for the representation in the municipal bodies should be
in a municipal body of persons having reserved for the Scheduled Castes,
special knowledge or experience of Scheduled Tribes and women in such
municipal administration, the manner as the Legislature of a State
members of Rajya Sabha, Lok Sabha may, by law, provide. The Legislature
and the members of Legislative Council of a State may also make provision for
and Legislative Assembly of the State, reservation of seats in municipal bodies
representing constituencies which or offices of chairpersons, for other
comprise wholly or partly the municipal Backward Classes.
area and the chair persons of Wards A person who has attained the age
Committees. of 21 years will be eligible to be elected
There should be Wards Committees, as a member of a municipal body. The
consisting of one or more Wards, within superintendence, direction and control
the territorial area of a municipal body of, the preparation of the electoral rolls
having a population of three lakhs or for, and the conduct of all elections to
LOCAL GOVERNMENT INSTITUTIONS 95
municipal bodies should be vested in tolls and fees leviable by the State; the
the State Election Commission, consti- determination of the taxes, duties, tolls
tuted with reference to holding elections and fees which may be assigned to or
for Panchayati Raj institutions. appropriated by the municipal bodies
The tenure of every Municipal and the grants-in-aid to the municipal
body should be five years. They can, bodies from the Consolidated Fund of
however, be dissolved earlier after giving the State; the measures needed to
them reasonable opportunity of being improve the financial position of the
heard. The election of the new municipal bodies.
municipal body should be held before
Committee for District Planning
the expiry of its tenure or within six
months of its dissolution, as the case Committees for District Planning
may be. should be constituted in every State at
The Legislature of a State may the district level to consolidate the plans
extend powers and authority of prepared by the Panchayats and the
municipal bodies, if necessary, to Municipal bodies in the district and to
enable them to function as institutions prepare a draft development plan for
of self-government. It may authorise a the district as a whole. Planning
municipal body to levy, collect and Committee should, in preparing the
appropriate such taxes, duties, tolls, draft development plan, have regard to
and fees as it thinks fit. It may also matters of common interest between
assign a share in those taxes, duties, the Panchayats and Municipal bodies.
tolls, and fees that are levied and The chairperson of every District
collected by the State Government itself. Planning Committee should forward the
It may also make provision for making development plan to the government of
grants-in-aid to municipal bodies from the State.
the Consolidated Fund of the State. It
Committee for Metropolitan
may also provide for constitution of
Planning
such funds for crediting all money
received by the municipal bodies and An area having a population of ten
their withdrawal. lakhs or more, comprised in one or
more districts and consisting of two or
Finance Commission more municipal bodies or Panchayats
The Finance Commission, consti-tuted may be declared by the Governor of the
with reference to Panchayati Raj State as a Metropolitan area. Every
institutions, should also review the Metropolitan Area should have a
financial position of the municipal Metropolitan Planning Committee to
bodies and make recommendations to prepare a draft development plan for
the Governor, as to: the principles which the Metropolitan area as a whole.
should govern the distribution between The Legislature of a State may, by
the State and the municipal bodies of law, make provision with respect to:
the net proceeds of the taxes, duties, composition of the Metropolitan
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INDIAN CONSTITUTION AND ADMINISTRATION
Committees and the manner in which and group division, priority to self
seats in such Committees should be aggrandisement over public welfare
filled; the representation in such and electoral malpractices have marred
Committees of the Union and State and vitiated the whole atmosphere.
Governments; the manner in which the
chairpersons of such Committees
should be chosen. However, not less Rural Local Government
than two-thirds of the members of such
Committees should be elected by, and Institutions
from amongst, the elected members of
the municipal bodies and the
The Constitution of India initially
chairpersons of the Panchayats in the
provided only for two levels of the
Metropolitan Area in proportion to the
Government: Central and State. One of
ratio between population of the
the Directive Principles of State Policy
municipal bodies and of the
states that ‘the State’, “shall take steps
Panchayats in that Area.
to organise Village Panchayats and
Every Metropolitan Planning
endow them with such powers and
Committee should, in preparing the
authority as may be necessary
draft development plan, have regard to
to enable them to function as units of
the plans prepared by the municipal
self-government”. There was no
bodies and the Panchayats in the
provision regarding the composition,
Metropolitan Area and also to the
matters of common interest between powers and functions of the local
the municipal bodies and the self-governing institutions. It was
Panchayats. The chairperson of every through two constitutional amend-
Metropolitan Planning Committee ments viz. Constitution (Seventy-third
should forward the development plan Amendment) Act, 1992, and the
to the Government of the State. Constitution (Seventy-fourth Amend-
ment) Act, 1992, that provisions were
Functioning of Urban Local made in the Constitution relating to the
Government establishment of rural local self-
Though the Constitution (Seventy- governing institutions and urban local
fourth Amendment) Act, 1992, has self-governing institutions respectively.
removed some of the major hurdles in Thus, the Constitution now clearly
the proper functioning of the local self- provides for a third level of Government
governing bodies, it is sad that the viz. local self-government.
concept of grass-root democracy at In ancient times every Indian village
both, rural and urban, levels has not had a Village Panchayat that used to
flourished in the country. The function as an autonomous body. They
politicisation of administration, the were free from State interference.
entry of criminal elements in the elected According to Sir Charles Metcalf, the
bodies; rampant corruption; caste village communities “seem to last where
LOCAL GOVERNMENT INSTITUTIONS 97
Exercises
The President causes to lay before or under the Government of any State
each House of Parliament the after his retirement.
recommendations made by the Finance The administrative expenses of the
Commission and on the action taken office of the Comptroller and Auditor
by it. General of India, including salaries,
allowances and pensions payable to or
The Attorney General of India in respect of persons serving in that
The President appoints a person who office, are charged upon the
is qualified to be appointed a judge of Consolidated Fund of India.
the Supreme Court, as the Attorney The Comptroller and Auditor
General of India. It is the duty of the General of India performs such duties
Attorney General to give advice to the and exercises such powers in relation
Government of India upon such legal to the accounts of Union and of the
matters and to perform such other States or any other authority as may
duties of a legal character, as may from be prescribed by the Parliament.
time to time be referred or assigned to The accounts of the Union and of the
him by the President. He also States are kept in such forms as the
discharges the functions conferred President prescribes on the advice of
upon him by or under the Constitution. the Comptroller and Auditor General of
In the performance of his duties the India.
Attorney General has a right of The reports of the Comptroller and
audience in all courts in the territory of Auditor General of India relating to the
India. He also has a right to speak in accounts of the Union are submitted to
and otherwise to take part in the the President, who causes to lay them
proceedings of, either House, any Joint before each House of Parliament.
sitting of the Houses and any In addition to these constitutional or
Committee of Parliament, but he shall statutory authorities, the Constitution
not be entitled to vote. provides for some other authorities
such as the Commission and
Comptroller and Auditor Committees of Parliament on Official
General of India Language, National Commission for
The Constitution of India provides for Scheduled Castes and Scheduled
the appointment of a Comptroller and Tribes and Other Backward Classes,
Auditor General of India by the Commission on Minorities etc. These
President. He can be removed from office have been provided to deal with various
in the like manner and on the like issues that face our political systems.
grounds as a judge of the Supreme These statutory bodies hold regular
Court. Before entering upon his office meetings and contribute in solving the
he has to take an oath in a prescribed various problems. They present their
form. He is not eligible for further office respective reports to the President of
either under the Government of India India on the action taken by them that
108
INDIAN CONSTITUTION AND ADMINISTRATION
in turn are placed by the President Additional Secretary and Joint
before each House of the Parliament. Secretary in some Departments of the
Secretariat. The functions performed by
these officers are, more or less, the same
State Administration— as that of the Central Secretariat that
we have discussed earlier.
Organisation and Besides the above administrative
Functions officers, the States have one more officer
viz. Chief Secretary. The Chief Secretary
is the administrative head of the State
For the sake of administrative administration. He is, in many ways,
convenience, the administrative the counter part, at the State level, of
structure of the government of a State the Cabinet Secretary in the Union
is divided into several departments. The Government. He is appointed by the
departments, however, are of two Chief Minister of the State from
categories: Secretariat Departments amongst the senior Secretaries. Three
and Executive Departments. A factors viz. seniority, service-record and
Secretariat Department is ordinarily confidence of the Chief Minister, are the
headed by a Secretary who is a main considerations while selecting
generalist, while an Executive him. Out of these three factors,
Department is ordinarily headed by a ultimately the confidence of the Chief
Director who is a specialist. Minister dominates in the final choice
The Secretariat Department assists of the Chief Secretary.
the minister in the process of policy There is no fixed tenure for the post
making; in the framing of legislation, of Chief Secretary. It depends upon his
rules and regulations and supervising administrative tact, experience, rapport
and controlling the executive with the Chief Minister and, to a large
department. It helps the minister in the extent, on his capacity to take an
discharge of his responsibilities as well objective stand on sensitive matters.
as in preparing the Budget. Such civil servants who are able to
maintain dignity, neutrality and a
Officers of the Secretariat
degree of anonymity are able to work
Departments
with Chief Ministers of any political
The Secretariat Department is a party or group.
hierarchy of a number of officers with Role and Functions of the Chief
the Secretary at the apex of the pyramid Secretary: The Chief Secretary
structured on a wide base of clerical controls and supervises the Cabinet
personnel. The hierarchy consists of the Secretariat Department. His main
Secretary, the Deputy Secretary, Under functions are:
Secretary and Assistant Secretary. (i) He is an ex-officio Secretary of the
There are also Special Secretary, Cabinet and so he attends all the
INDIAN ADMINISTRATION — ORGANISATION AND FUNCTIONS 109
Exercises
the matter. This power was called the Public Undertakings: The newly
Power of Individual Judgement. independent states in order to overcome
Preamble: The introductory part of a their economic stagnation and the poor
constitution/Law that states the rate of growth during colonial rule had
reasons for and intent of the to enter the field of industrial and
constitution/law. commercial enterprise to ensure better
utilization of available resources and
Preventive Detention Act: An Act build essential infrastructure for
which provides for detention of a person, national development. This led the
for not committing an offence but, in setting up of public undertakings.
order to prevent him from committing There are three principal forms into
an offence.
which our public undertakings have
Prohibition: This writ commands the been organised, viz., departmental
court or tribunal to whom it is issued undertakings, government companies
to refrain from doing something that it and statutory public corporation.
is about to do.
Quo Warranto: This is a writ that is
Proportional Representation: It is a issued to prevent a person who has
system where seats are allotted to a wrongfully usurped an office from
party or group in a legislature or an continuing in that office. The writ calls
executive in proportion to the upon the holder of the office to show to
population of or the votes cast in favour the court under what authority he holds
of that party or group. the office. If the court determines that
Public Accounts Committee: It is a the person is holding the office illegally,
committee of Legislature/Parliament. It it would pass the order of ouster that
scrutinizes the appropriation accounts must be obeyed by him.
of the government. It ensures that Race: A division of mankind possessing
public money is spent in accordance traits that is transmissible by descent
with Parliament’s/Legislature’s and sufficient to characterize it as a
decisions and calls attention to cases distinct human type.
of waste, extravagance, loss or nugatory
(worthless) expenditure or lack of Racialism: An ideology that believes in
financial integrity in public services. racial prejudices or racial
discrimination.
Public Corporations: A public
corporation is set up by an Act of Reasonable Restrictions: The rights
Legislature which defines the under Article 19 are subject to certain
organisation and functions of the restrictions. These restrictions should
corporation. The idea behind be reasonable. Whether a particular
establishing a corporation is to secure restriction is reasonable or not is to be
“a combination of public ownership, decided ultimately by the judiciary.
public accountability and business Remission: It means reduction in the
management for public ends”. amount of punishment without
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INDIAN CONSTITUTION AND ADMINISTRATION
changing the character of punishment grounds of religion. Still, there are
e.g. a life sentence is reduced to others who regard it to mean equal
imprisonment for ten years. respect to all religions. The judiciary in
Reprieve: It means a temporary India has interpreted it to mean that
suspension of the punishment fixed by the state should treat all religions
the law. equally and there should be no
discrimination on grounds of religion.
Reserved Transferred Subjects:
According to the Government of India Single Transferable Vote System:
Act, 1919 provincial subjects were This is one of the devices of proportional
divided into two categories. Some representation. Ordinarily, this
subjects were transferred to and put device is adopted in a multi-member
under the charge of a Minister constituency, i.e. a constituency from
where two or more members are to be
responsible to the provincial legislature.
elected. According to the normal
Others were reserved to and put under
practice a voter is required to cast as
the charge of councillors not
many votes as the number of members
accountable to the legislature.
are to be elected from that
Respite: It means postponement of the constituency. But in the system of
execution of a sentence to future. single transferable vote, the voter is
Scheduled Castes/Tribes: Under the given one single vote only but the voter
Government of India Act, 1935 names is given a choice to get his vote
of some castes/tribes that were given transferred to another candidate of his
special protection were put in a choice. That’s why it is called Single
Schedule attached to the Act. Since Transferable Vote System.
then, persons belonging to these Subordinate Legislation: When the
castes/tribes began to be called legislature enacts a law, it leaves the
Scheduled Castes / Scheduled Tribes. details to be worked out by the
Secularism: There is a school of executive through rules and
thought which believes that the State regulations subject to the approval of
should confine itself to the temporal or the legislature. This arrangement is
worldly affairs. It should be indifferent called subordinate legislation.
to religious matters. This is called Weaker Sections: The Constitution
secularism. However, the ter m does not define this term. The courts,
secularism gives different connotations however, have interpreted it to mean
to different people. Some people treat it people belonging to the Scheduled
as anti–religious, while to others it Castes, the Scheduled Tribes and other
means absence of discrimination on backward classes.