1.

Indian constitution, Union and states, Federal structure,

local governance

GS 2 Constitutional Articles -

Anudeep AIR 1-watermark.pdf

Important amendments to the Constitution

1. 7th amendment: Reorganisation of states on linguistic basis, Abolition

of Class A, B, C and D states and Introduction of Union Territories
2. 42nd amendment
1. Added three new words.
2. Added FD.
3. Made the president bound by the cabinet.
4. 323A and 323B.
5. Froze the seats in lok sabha and State legislative assemblies.
6. Added three new directive principles.
7. Shifted five subjects from the state list to concurrent list --
education, forests, environment, weights, etc.
8. Provided for creation of all-India judicial services.
3. 44th amendment
1. Constitutional protection to publication in newspaper of the
proceedings of the Parliament and State Legislatures.
2. Restored the jurisdiction of High court and the Supreme Court in
respect of judicial review and issue of writs.
3. Empowered president to send back advice of council of minister
for reconsideration.
4. Fundamental Rights Guaranteed by Articles 20 and 21 cannot be
suspended during a national emergency. It replaced the word
“internal disturbance” with “armed rebellion”. It made president
to declare national emergency only on written recommendation of
cabinet. Duration of national emergency should not be extended
more than 6 months at a time. Also made certain procedural
safeguards with respect to national emergency and President's
rule.
5. The Right to Property was deleted from the list of fundamental
right. It is now only a legal right under the Constitution.
6. It restored the power of judicial review of election of president,
governors and LS speaker.
4. 61st Amendment: To reduce the voting age from 21 years to 18 years.
5. 73rd and 74th amendment: PRIs and ULBs.
6. 86th Amendment: Free and compulsory education to children between
6 and 14 years.
7. 91st amendment: Anti-defection law.
8. 93rd amendment: Provided for 27 percent reservation for OBCs in
government as well as private higher educational institutions.

Historical underpinning

1. Regulating act, 1773 prohibited company civil servants from engaging

in private trade or accepting gifts, etc.
2. Charter act of 1833, for the first time called the Governor General’s
government as the Government of India.
3. Charter Act of 1853 introduced open competition for selection and
recruitment of civil servants. This was also open to Indians.
4. Indian councils act, 1861 introduced a grain of popular element by
including some non-official members in the executive council while
transacting legislative business like legislative council. It also
empowered the Viceroy to issue ordinances and also gave recognition to
the portfolio system.
5. Indian councils act, 1892 gave the legislative councils the power of
discussing the budget and addressing questions to the executive.
6. An element of election was introduced for the first time in Indian
Councils act of 1909. The 1909 act introduced a system of communal
representation for Muslims by accepting the concept of separate
electorate.
7. 1919 act demarcated the central and provincial subjects. Provincial
budget was separated from the Central budget. Through the GOI Act of
1919, bicameralism was introduced at the centre. The concept of direct
elections was introduced in the 1919 act. 1919 act provided for the
establishment of Public Service Commission (PSC). Accordingly the
Public Service Commission was set up for recruiting civil servants.
8. Under Poona pact of 1932 there shall be seats reserved for the depressed
classes out of general electoral seats in the provincial legislature.
9. 1935 act prescribed a federation and established a responsible
Government at the centre. 1935 act also divided powers into federal,
provincial and concurrent list.

Elections

1. Elections have today become the most visible symbol of the democratic
process.
2. The reason for the popularity and success of the FPTP system is its
simplicity and familiarity. The entire election system is extremely
simple and a clear choice presented to the voters at the time of elections.
3. Also, depending on the nature of actual politics, voters may either give
greater importance to the party or to candidate or balance the two.
4. Also, in constituency based system like the FPTP, the voters know who
their own representative is and can hold him or her accountable.
5. Also, the makers of our Constitution also felt that PR based election
may not be suitable for giving a stable government in a parliamentary
system.
6. Finally, the FPTP system encourages voters from different social groups
to come together to win an election in a locality. In a diverse country
like India, a PR system would encourage each community to form its
own nation wide party.
7. But FPTP often works to the disadvantage of the smaller social groups.
This is even more significant in the Indian social context where we have
had a history of caste based discrimination. Our constitution makers
were aware of this difficulty and the need to provide a way to ensure
fair and just representation to the oppressed social groups.
8. The people who argue against the PR feel that it will not accommodate
the concerns and interests of the minuscule or smaller castes and
religions. Because of their smaller number of votes, these areas may not
get any representation in the Parliament. While FPTP may not be
representative enough, PR may put smaller and regional parties at an
unfair disadvantage.

Hybrid system

1. A hybrid/mixed system refers to an electoral system in which two

systems are merged into one combining the positive features from more
than one electoral system.
2. Many point out that the current system reflects a “Minority democracy”
which has been ruling the country since independence. It is argued that
the majority aspirations and the will of the people is not getting
reflected in election results with the current electoral system.
3. This system is followed by various European countries successfully. Ex:
Germany.
4. The Law Commission report also have suggested that 25% or more
seats should be added to the present Lok Sabha and be filled by
Proportional Representation.

Constitution as living document

1. Too rigid a constitution is likely to break under the weight of change

and a constitution that is too flexible will give no security, predictability
or identity to people. It must strike the right balance between preserving
core values and adapting them to new circumstances.
2. Amendments made so far may be classified in three groups. In the first
group there are amendments, which are of a technical or administrative
nature and were only minor modifications of the original provisions. Ex:
Increasing retirement age of high court judges to 62 years, extending
reservations to SCs and STs by 10 years every time.
3. Second group of amendments belong to different interpretations of the
Constitution given by the judiciary and the government. When these
clashed, the Parliament had to insert an amendment underlining one
particular interpretation as the authentic one.
4. Thirdly, there is another large group of amendments that have been
made as a result of the consensus among the political parties. Ex: Anti-
defection amendment, amendment bringing down the minimum age for
voting from 21 to 18 years and the 73rd and the 74th amendments, etc.
5. Supreme court came to the conclusion that a mere text of the law is less
important than the social circumstances and aspirations that have
produced that law or document.

Philosophy of constitution
1. It is true that all laws do not have a moral content, but many laws are
closely connected to our deeply held values. For example, a law might
prohibit discrimination of person on grounds of language or religion.
Such a law is connected to the idea of equality. Such a law exists
because we value equality. So, there is a connection between laws and
moral values.
2. We must therefore, look upon the constitution as a document that is
based on a certain moral vision. Constitution is committed to freedom,
equality, social justice, and some form of national unity. But underneath
all this, there is a clear emphasis on peaceful and democratic measures
for putting this philosophy into practice.
3. When we say that the Indian Constitution is liberal, we do not mean that
it is liberal only in the classical western sense. Western liberalism
always privileges rights of the individuals over demands of social
justice and community values.
4. The liberalism of the Indian Constitution differs from this version in two
ways. First, it was always linked to social justice. The best example of
this is the provision for reservations for Scheduled Castes and
Scheduled Tribes in the Constitution. The makers of the Constitution
believed that the mere granting of the right to equality was not enough
to overcome age old injustices suffered by these groups or to give real
meaning to their right to vote. Special constitutional measures were
required to advance their interests.
5. The Indian Constitution encourages equal respect between
communities. This was not easy in our country, first because
communities do not always have a relationship of equality and they tend
to have hierarchical relationships with one another. Second, when these
communities do see each other as equals, they also tend to become
rivals.
6. Not recognising the communities, as most western constitutions does is
not desirable and neither workable in India. It is because we openly
acknowledge the value of communities. More importantly, India is a
land of multiple cultural communities. This made it mandatory for our
Constitution to recognise community based rights. One such right is the
right of religious communities to establish and run their own
educational institutions.

How can political parties be reformed

1. Anti-defection law has been passed. This was done because many
elected representatives were indulging in defection in order to become
ministers or for cash rewards.
2. It is mandatory for every candidate who contests elections to file an
affidavit giving details of his property and criminal cases pending
against him. The new system has made a lot of information available to
the public. But there is no system to check if the information given by
the candidates is true.
3. The EC has passed an order making it necessary for political parties to
hold their organisational elections and file their income tax returns. The
parties have started doing so but sometimes it is mere formality. It is not
clear if this step has led to greater internal democracy in political
parties.
4. It should be made compulsory for political parties to maintain a register
of its members, to follow its own constitution, to have an independent
authority, to act as a judge in case of party disputes, to hold open
elections to the highest posts.
5. It should be made mandatory for political parties to give a minimum
number of tickets, about one third, to women candidates. Similarly,
there should be a quota for women in the decision making bodies of the
party.
6. There should be state funding of elections. The government should give
parties money to support their election expenses. This support could be
given in the form of fuel, paper, telephone etc. Or it could be given in
cash on the basis of the votes secured by the party in the last election.

Federalism

1.
2. Unitary provisions of constitution
1. The Constitution has certain very powerful emergency provisions,
which can turn our federal polity into a highly centralised system.
Parliament also assumes the power to make laws on subjects
within the jurisdiction of the States.
2. Even during normal circumstances, the central government has
very effective financial powers and responsibilities. In the first
place, items generating revenue are under the control of the central
government. Secondly, India adopted planning as the instrument of
rapid economic progress and development after independence.
Besides, the Union government uses its discretion to give grants
and loans to States.
3. The constitution clearly states that executive powers of the centre
are superior to the executive powers of the States.

4.
3. Federal features of our constitution
1. Dual polity consisting the Union at the Centre and the States at the
Periphery. Each is endowed with sovereign powers to be exercised
in the field assigned to them. Division of powers in the 7th
schedule.
2. Written constitution of India specifies the structure, functions and
powers of the both Centre and State Governments and prescribe
limits within which they must operate. Thus, it avoids mis-
understandings and dis-agreements between the two.
3. Supremacy of the constitution.
4. Independent Judiciary.
5. Bicameralism.
6. Rigid constitution. The provisions that relate to federal structure
can be amended only by the consent of half the state legislatures.
4. Evaluation of our federal system
1. Granville Austin described the Indian federation as "a new kind of
federation to meet India's peculiar needs."
2. In Bommai case, the supreme court laid down that the constitution
is federal and characterised federalism as its 'basic structure'.
5. Union Government can legislate in state list

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2.

3.

4.

5.
6. Centre's control over state legislation

7. Centre's executive direction to the States

1. The executive power of every state is to be exercised in such a
way a) as to ensure compliance with the laws made by the
Parliament and b) as not to impede the exercise of executive
power of the Centre. The sanction behind these directions of the
Centre is coercive in nature. Thus, Article 365 says that where any
state has failed to comply with any directions given by the Centre,
it will be lawful for the President to impose president rule.
2. In addition to the above two cases, the Centre is empowered to
give directions to the states with regard to the exercise of their
executive power in the following matters
1. Construction and maintenance of means of communication
(declared to be of national or military importance) by the
state.
2. The measures to be taken for the protection of the railways
within the state.
3. The provision of adequate facilities for instruction in the
mother tongue at the primary stage of education to children
belonging to linguistic minority groups in the state.
4. The drawing up and execution of the specified schemes for
the welfare of the STs in the state.
8. How federalism evolved in India
1. The first phase of India’s federalism extended from the time of
independence to the mid 1960s. Prime Minister Nehru took great
efforts to keep the Chief Ministers of all the states apprised of the
activities at the Centre and tried to build consensus. This smooth
phase of Indian federalism was helped by the reason that a single
party ruled in almost all the states and at the centre.
2. In the middle of the 1960s single party dominance declined
somewhat and in a large number of State opposition parties came
to power who opposed increasing centralisation. It resulted in
demands for greater powers and greater autonomy to the
states. This caused tensions in centre-state relations over various
issues such as mode of appointment and dismissal of Governor,
impositions of President’s rule for partisan interests, reservation of
State bills for consideration of the President, etc.
3. Finally, since the 1990s, we have entered an era of coalition
politics especially at the centre. In the states too more regional
parties have come to power. This has resulted in a greater say for
the states, a respect for diversity and the beginning of a more
mature federalism.
4. Once the principle of identity of the State is accepted, it is quite
natural that the States would expect a greater role and powers in
the governance of the State and the country as a whole. This has
lead to demands from the States for autonomy. While the legal
disputes can be resolved by the judiciary, demands for autonomy
are of political nature and need to be resolved through
negotiations.
5. The constitution is only a framework or a skeleton, its flesh and
blood is provided by the actual processes of politics. Hence
federalism in India has to a large extent been influenced by the
changing nature of the political process.
9. Autonomy demands
1. Sometimes, these demands expect that the division of powers
should be changed in favour of the states and more powers and
important powers be assigned to the states.
2. Another demand is that States should have an independent sources
of revenue and greater control over the resources. This is also
known as financial autonomy.
3. The third aspect of the autonomy demands relates to
administrative powers of the states. States resent the control of the
centre over the administrative machinery.
4. Fourthly, autonomy demands may also be related to cultural and
linguistic issues. The opposition to the domination of Hindi (in
Tamil Nadu) or demand for advancing the Punjabi language and
culture are instances of this.
10. Constitutional provisions for cooperation between centre and states
1. Delegation of executive functions: Under Article 258, the
President is empowered to delegate some of the executive
functions of the Union to the State with its consent. Under Article
258A, similarly, the Governor of a State may entrust, with the
consent of the Government of India, any of the executive
functions which exclusively fall under the State’s jurisdiction.
2. Full faith and credit clause: Article 261, lays down that the final
judgements delivered by the civil courts of one state shall be
equally enforceable in other States, if they wish so.
3. Adjudicative mechanism: Under Article 262, the Parliament has
passed the Inter-states water disputes act, 1956 to adjudicate on
any dispute or complaint with respect to the use, distribution or
control of the waters of inter state rivers or river valleys.
4. Consultative mechanism: Under Article 263, the President is
empowered to constitute an Inter-State Council for resolving the
dispute arising between the centre and the states, so as to avoid the
need to go through the judicial proceedings for the same.
5. Immunity from mutual taxation: Article 285 says that the
property of the Union is exempted from the State taxation, except
if the Parliament by law provides otherwise. Similarly under
Article 289, the State property and income is exempted from the
Union taxation. This is basically not only to avoid unnecessary
conflicts but also to create space for mutual cooperation between
the Centre and the States.
11. Extra-constitutional devices to promote Centre-State cooperation
1. A number of advisory bodies such as NITI Aayog, National
Integration Council (NIC), Zonal Councils, North-Eastern
Council, University Grants Commission (UGC), recently created
GST council, etc.
2. Several conferences take place frequently such as Governor’s
conference {presided by President}, Chief Ministers’ conference
{presided by PM}, Chief Secretaries’ conference {presided by
Cabinet Secretary} etc.
12. Tension Areas in Centre-State relations
1. Mode of appointment and dismissal of the Governor (Article 153,
155, 156).
2. Discriminatory and Partisan role of Governor.
3. Discretionary Powers of the Governor (Article 356, reservation of
state bills, role in appointing chief minister, etc).
4. Deployment of central forces in the state to maintain law and
order.
5. Discrimination in financial allocations to the state and sharing of
finances between Centre and states.
6. Management of AIS officers.
7. Encroachment by the Centre on the State list and shifting of items
from state list to concurrent list.
8. Use of CBI and other investigating agencies.
13. Protection of state interest in financial matters. Bills can be
introduced only on recommendation of president.
1. A bill which imposes or varies any tax or duty in which states are
interested.
2. A bill which varies the meaning of the expression ‘agricultural
income’ as defined for the purposes of the enactments relating to
Indian income tax.
3. A bill which affects the principles on which moneys are or may be
distributable to states.
4. A bill which imposes any surcharge on any specified tax or duty
for the purpose of the Centre.
14. Inter-state comity
1. Setting up of an Inter-state council (ISC).
2. Full faith and credit is to be given through out the territory of
India to Public acts, records and Judicial proceedings of the Centre
and the every state.
3. Article 301 declares that Inter-state trade and commerce through
out the territory of India shall be free. The object of this provision
is to break down the border barriers between the states and to
create one unit with a view to encourage the free flow of trade.
4. Zonal Councils.
15. Sarkaria recommendations
16. Zonal councils
1. Under the States Re-organization Act, 1956 five Zonal Councils
were created ostensibly for curbing the rising regional and
sectarian feelings and to promote co-operation in resolving
regional disputes. Later the North Eastern Council was created
under the North Eastern Council Act, 1971.
2. Zonal Councils provide a forum where irritants between Centre
and States and amongst States can be resolved through discussions
and consultations. Though there are a large number of other fora
like the National Development Council, inter State Council, etc.,
the Zonal Councils are different, both in content and character.
3. They are regional fora of cooperative endeavour for States linked
with each other economically, politically and culturally. Being
small and high level bodies, specially meant for looking after the
interests of respective zones they are capable of focusing attention
on specific issues taking into account regional factors while
keeping the national perspective in view.
4. The scope of functions of these Zonal Councils is very wide, as
they can discuss any matter in which some or all of the states
represented in that council, or the Union and one or more of the
States represented in that Council, have a common interest.
17. Federalism and foreign policy
1. Even though foreign policy is the prerogative of the Central
government and the Constitution does not allow the states to take
initiatives in these matters, the West Bengal Government
challenged the central foreign policy on sharing the waters of river
Teesta by stalling the bilateral treaty with Bangladesh.
2. Some of the states have been arguing in favour of a role for the
states in the foreign policy of the country, especially those with
international border. Similarly, when the issue of border trade with
China came up for discussion, Sikkim’s views were sought.
3. Tamil Nadu has demanded the intervention on the issue of Tamil
killings in Sri Lanka every now and then.
4. North Eastern State leaders have been asserting that their views
should be sought while conducting negotiations with neighbouring
countries on economic and political issues.
5. There is a case for institutionalising the process of consultation
and involvement of states, which are affected by a particular
foreign or security policy measure.
18. Other
1. One of the major reasons for break up of USSR was the excessive
centralisation and concentration of power, and the domination of
Russia over other regions with independent languages and cultures
of their own. Yugoslavia and Pakistan also had to face a division of
the country. Canada came very close to a break up between the
English speaking and the French speaking regions of that country.
2. All the countries mentioned above were federations. Yet they
could not remain united. Therefore, apart from adopting a federal
constitution, the nature of that federal system and the practice of
federalism must also be important factors. Real politics, culture,
ideology and history determine the actual working of a federation.
3. A culture of trust, cooperation, mutual respect and restraint helps
federations to function smoothly. Political parties also determine
the way a constitution would work. If any single unit or state or
linguistic group or ideology comes to dominate the entire
federation it could generate a deep resentment among people or its
units not sharing the dominant voice.
4. One of the important aspects of the division of powers, between
states and central, is that economic powers are centralised in the
hands of the central government by the Constitution. The states
have immense responsibilities but very meagre revenue sources.
5. Besides the concern for unity, the makers of the Constitution also
believed that the socio-economic problems of the country needed
to be handled by a strong central government in cooperation with
the States. Poverty, illiteracy and inequalities of wealth were some
of the problems that required planning and coordination. Thus, the
concerns for unity and development prompted the makers of the
Constitution to create a strong central Government.

Fiscal relations between centre and state

1. State Finance commission (SFC)

1. State Finance Commission is the Constitutional body appointed by
each state government at regular intervals of five years under the
article 243(I) of the Constitution to review and revise
the financial position of PRIs and ULBs. They recommend
principles and methodology as regards the devolution of funds to
PRIs and ULBs.
2. The recommendations
1. The distribution between the State and the local bodies of the net
proceeds of the taxes, duties, tolls and fees leviable by the State.
2. Determination of the taxes, duties, tolls and fees levied or
appropriated by the local bodies.
3. Measures needed to improve the financial position of the local
bodies.
4. Any other matter referred to the Finance Commission by the
Governor in the interrests of sound finance of the local bodies.
3. Issues relating to SFC
1. SFCs are not appointed on time and that the period covered by the
SFCs does not synchronise with the period covered by the Central
Finance Commission. There is absence of uniform standards and
formats in various SFC reports.
2. State governments cherry pick from the SFC’s recommendations
and don’t accept the inconvenient ones.
3. There is undue delay on the part of the states in placing the Action
Taken Reports (ATR) on the recommendations of SFCs in state
legislatures.
4. Equally worrisome is the practice of states appointing people not
well versed in the affairs of local bodies or their finances as
members of the SFCs. The quality of SFCs reports continues to
remain poor.
5. While estimating the resource gap, SFCs normally just make
forecasts based on historical trends.
6. SFCs have also not identified the issues requiring action by the
Central Finance commision (CFC) to augment the consolidated
fund of the state. The lack of quality of SFC reports has been
ascribed to lack of data and limited capacity of the commissions.
4. Recommendations to improve SFCs
1. SFCs should be constituted at least 2 years before the required
date of submission of their recommendations, and the deadline
should be so decided as to allow the State Government at least 6
months time for tabling the ATR. SFC reports should be readily
available to the CFC.
2. The healthy precedent established by the Union Government in
generally accepting the devolution proposals made by the CFC
should also be followed by the State Government.
3. The SFCs follow the procedures and guidelines adopted by the
CFC.
4. SFCs should follow a normative approach in estimating resource
gaps. They should link the devolution of funds to the level of
civic amenities that the citizens could expect consistent with some
uniform standards of service delivery.
5. SFCs should have people of eminence and competence. They
should follow the requirements as for the CFC. Serving
bureaucrats should not be appointed.
6. There should be a permanent SFC cell in the finance department.

States to pursue cross border economic partnership

1. In any federal setup, there is limited scope for state governments to

undergo into treaties with foreign entities. The limit of such scope can
be debated considering benefits and drawbacks of such deals.
2. Limits setup by the constitution
1. A state in India is not sovereign itself. According to Union list of
schedule 7, the powers related to international treaties, further
ratification is vested on the center.
2. Article 292 and 293 prohibits states borrowing from external
sources.
3. FRBM act limits state’s freedom to borrow from other sources.
4. Only center can represent India in global forums such as UN,
BRICS, G20 etc.
5. States have no role in trade matters such as customs and WTO
related rules.
3. However, current set up also allows states to enter into non-sovereign
treaties subjected to above limits. For example, AP Govt signed MOU
with Singapore to develop new capital Amaravati.
4. Advantages of cross border economic partnership
1. States compete with each other, and improvement of competitive
federalism.
2. Every state has its own unique needs. Drought hit states can take
help from countries such as Israel etc.
3. Industrialization of states i.e. a state can encourage international
companies to set up units in their states.
4. In nutshell, states should be encouraged to undergo international
treaties to realize their economic and social obligations.
5. Disadvantages of such partnerships
1. Non-uniformity of rules among different states hinders objectives.
For example, every state has its own labour laws and tax systems.
2. Multiplicity of treaties. What if there is a treaty signed by both
Center and state with foreign entity.

Special category status

1. The Constitution does not include any provision for categorisation of

any State in India as a Special Category Status (SCS) State. Central
government has started granting SCS to states from 1969 based on the
suggestions of the 5th FC. It is basically a device to devolve more funds
from the centre to the needy states like Himachal Pradesh and Jammu
and Kashmir.
2. Criteria
1. Hilly and difficult terrain.
2. Low population density or the presence of sizeable tribal
population.
3. Strategic location along international borders.
4. Economic and infrastructural backwardness.
5. Non-viable nature of State finances.
3. Benefits enjoyed
1. A major portion of the normal central assistance (NCA) (56.25%)
is distributed to 11 special category states and the remaining
(43.75%) among 18 General Category States.
2. Only special category states receive special plan
assistance (SPA) and special central Assistance grants.
3. The assistance for Externally Aided Projects (EAPs) flows to SCS
states as 90% in grant and 10% in loan whereas for General
Category States, it flows as loans.
4. The state share in centrally sponsored schemes (CSS) is usually
lower for Special Category States as compared to general category
states.
5. Special category states get a significant excise duty concession
and other tax breaks that attract industries to locate manufacturing
units within their territory.
4. Why the demand
1. 70% of the revenue of undivided AP came from Hyderabad,
which is now in Telangana. This has led to Rs. 20000 crore
revenue deficit for the Andhra Government.
2. To adhere to the promise of last government and expectations due
to build the capital, Amaravati, the Polavaram dam, and
infrastructure projects like Metros.
3. The economical and development indicators of Rayalaseema and
North Andhra are as bad as poorly developed states.
4. Hud-hud cyclone and drought like condition in some districts last
year compounded problems.
5. Reasons why it should not be given
1. The policy of granting Special Category status has been
discontinued as per the recommendations of the 14th Finance
Commission.
2. The only criterion AP lacks in the listed criteria for special status
is infrastructural backwardness which is the resultant of
bifurcation as Hyderabad has geographically gone to Telangana.
However, this was compensated to an extent with the settlement of
sharing the capital for 10 years.
3. There are many other deserving states such as Chhattisgarh and
Jharkhand which should get the status prior to AP.
4. Demands from other states may arise. Bihar is already firming up.
5. Special category status hasn’t worked that well. Many special
status awarded states remain to be poor.
6. Fiscal deficit target of the central Govt might not be met.
6. Issues with working of special category states
1. The way Special Category Status were assigned to a state has been
a matter of debate.
2. There is also no consensus among states related to principles used
for granting the SCS.
3. From the earlier experience, there is no guarantee that even after
awarding Special category status, economic progress will take
place.
4. This means that for economic development, it is important to
follow sound economic policies. The positives of SCS may act as
a stimulus but everything depends on the each state policy.
5. The amount of proceeds that states receive has increased after
14th finance commission recommendations have been accepted.
SCS may lose relevance altogether.

NITI Ayoog

1. Strong state means government and the rule of law provide a stable
political, social and economic environment where citizens can plan and
build and invest for the future.
2. Characteristics of strong state
1. Political and economic autonomy.
2. Cooperation from the centre.
3. Decentralised planning.
4. Implementation of principle of subsidiarity.
3. But for the establishment of strong state in such diverse nation, support
from centre is must i.e. implementation of cooperative federalism. Niti
Aayog acts as a coordinating bridge between state and centre. It
envisages formation of national development priorities with the active
involvement of states.
4. Niti Aayog is relevant as follows
1. Premier think tank of the government: Initiatives like
Ayushman Bharat, Model Land leasing Act, etc.
2. Bridge between various ministries: Any important government
scheme requires a huge degree of convergence across a number of
Ministries and between Central and state governments.
3. Bringing about a greater accountability in the system: NITI
Aayog has established a Development Monitoring and Evaluation
Office which collects data on the performance of various
Ministries on a real-time basis. NITI Aayog also comes up with
performance based rankings of States across various verticals to
foster a spirit of competitive federalism.
4. Instrumental in Improving innovation: The Atal Innovation
Mission has established more than 1,500 Atal Tinkering Labs in
schools and also set up 20 Atal Incubation Centers. NITI Aayog
identifies the best practices in different States in various sectors
and then replicates them in other States.
5. States representation: It also plays an important role of being the
States’ representative in Delhi, and facilitates direct interactions
with the line ministries, which can address issues in a relatively
shorter time.
5. Role of Niti-Ayoog
1. Niti-Ayoog has brought out perspective plan. It brought out the
action plan (3 years), strategy document (7 years) and vision
document (15 years).
2. It has brought up a model agricultural land leasing Act, 2016 to
recognise the rights of the tenant and safeguard interest of
landowners. States like MP have gone ahead with the act. NITI
has also launched Agricultural Marketing and Farmer Friendly
Reform Index to sensitise states about agriculture reforms.
3. It is acting as monitoring agency via various indices measuring
states performance in health, education and water management.
4. Atal Innovation Mission (AIM) is under NITI to promote
innovation and entrepreneurship.
5. It has spearheaded the digital payment initiative of the
government. Ex: Digi Dhan Yojana, Lucky Grahak Yojana, etc.
6. Constitution of three sub-groups of Chief Ministers to advise the
central government on rationalisation of Centrally Sponsored
Schemes (CSS), Skill Development and Swachh Bharat Abhiyaan
(SBM).
7. A new regulatory body for medical education by scrapping MCI
is being contemplated by the NITI.
8. It has strengthened decentralisation and spirit of co-operative
federalism via regular annual meet of states and center. Governing
council comprising LG/CMs of states gets greater autonomy in
decision making.
9. Niti Aayog knowledge hub to act as knowledge and best practises
repository for all states who want to emulate. Niti Aayog is
playing a greater role in assisting states where centre-state
investment agreements signed for bilateral invest treaty to boost
investments in states.
10. NITI aayog role in ensuring implementation of SDGs analysing
the present targets and demanding of each state.
6. Challenges
1. The aayog is still unable to address problems like farm distress,
job creation, innovations, environmental challenges, growing
interstate water dispute etc.
2. Also many states are still skipping the meeting and demanding
special financial package which dilutes the feeling of co-operative
federalism.
3. In addition to this local government is still being neglected.
4. It appears that the institution’s agenda are more or less set by the
government rather than an organic and independent process.
5. It focuses mostly on policy recommendations which must also be
on implementation challenges.
6. Aayog has replaced the 5 year plan with 15 year vision document.
It focused on farm distress mitigation by doubling the farmers
income. It provides funds and support to startup via Atal
innovation funds etc to create employment opportunities. It is
inclined for developing a world class social and physical
infrastructure via Urban Housing, Transport and Digital
Connectivity.

Urban governance

1. Urban India now form about one-third of the population and they
produce more than three-fifths of the country’s GDP. 74th amendment
gave constitutional status to Urban Local Bodies (ULBs) and led to
uniformity of the structure across the country. The Act aims at
revitalising and strengthening the urban governments so that they
function effectively as units of local government.
2. Salient features
1. The Act provides for the constitution of three types of
municipalities -- Nagar Panchayat, Municipality, Municipal
Corporation -- in every state.
2. The Act provides for a five year term of office for every
municipality. However, it can be dissolved before the completion
of its term.
3. All the members of a municipality shall be elected directly by the
people of the municipal area.
4. The Act provides for the reservation of seats for the scheduled
castes and the scheduled tribes in every municipality in proportion
of their population to the total population in the municipal area.
5. Further, it provides for the reservation of not less than one-third of
the total number of seats for women.
6. The superinten​dence, direction and control of the preparation of
electoral rolls and the conduct of all elections of the municipalities
shall be vested in the State Election Commission (SEC).
7. The state legislature may endow the municipalities with such
powers and authority as may be necessary to enable them to
function as institutions of self-government.
8. The Finance commission (which is constituted for the Panchayats)
shall also, for every five years, review the financial position of
municipalities and make recommendation to the Governor.
9. The Act does not apply to the scheduled areas and tribal areas
referred in Article 244 of the Indian Constitution.
10. Every state shall constitute at the district level, a District Planning
Committee (DPC) to consolidate the plans prepared by Panchayats
and municipalities in the district, and to prepare a draft
development plan for the district as a whole.
3. Governance challenges
1. Cities do not have a single city government. There is
fragmentation of responsibilities and service delivery across a
gamut of institutions like municipality, state departments and
parastatal agencies reporting directly to state government.
2. The Municipal Councils have restricted autonomy as compared to
the Municipal Corporations.
3. Poor transparency and accountability because of non-uniform
implementation of e-governance initiatives.
4. Lack of good urban development policy, poor urban planning
coupled with poor implementation and regulation are big
challenges for municipalities.
5. Disqualification of members of municipal bodies is governed by
the state legislature. It is not consistent in all states and that leads
to a lot of disparity and non-security among members.
4. Infrastructure deficit
1. Every Indian city faces serious challenges related to water and
power supply, waste management, public transport, education,
health care, safety, and pollution.
2. Due to rapid urbanisation, law and order becomes difficult to
maintain, slums develop etc., leading to additional problems for
these already stressed out urban local governance bodies.
5. Urban finances
1.

2.
6. Problems in Urban finances
1. Revenue generated by urban local government accounts for less
than 0.9% of the total GDP despite cities contributing almost
2/3rd towards GDP.
2. Lack of sources: Most of the income generating taxes are levied
by the union and state governments.
3. Ill-equipped staff: The staff at the disposal of these bodies is ill-
trained and ill-equipped to effectively collect the taxes levied.
4. Low charges: User charges for water, sanitation, etc., are lower
than actual cost of provisioning such services, because Municipal
bodies fear increasing tax for loss of popularity among people.
5. Poor realisation of property tax: Property tax is the most
important source of revenue for local governments. But problems
like low coverage, low rates, low collection efficiency, and lack of
indexation of property values, making it a non-buoyant source of
revenue. It is estimated that only about 60-70% of the properties in
urban areas are actually assessed. Some states have not even
allowed the municipalities to levy property taxes.
6. Peri-urban: The boundaries of municipal bodies are not expanded
to keep pace with the urban sprawl and as a result, a large number
of properties fall outside the legal jurisdiction of the municipal
bodies.
7. Way ahead with finances
1. States should empower cities to levy all feasible taxes. Finance
commission can play a vital role by allocating more resources to
ULBs.
2. Grants to ULBs by MoUD can be more tightly linked to
comprehensive and updated data disclosure and transparency.
NITI Aayog should compile comparative indices of municipalities
performance annually. This index should be based on actual
accountability.
3. Property details for all properties should be placed in the public
domain to bring transparency and end collusion between the
assessing authorities.
4. There is need to adopt satellite based mapping techniques to map
urban properties in order to tap full potential of property tax. Steps
are already being taken under JNNURM for reforms of the
property tax regime including use of GIS.
5. A periodic physical verification of the properties and taxes levied
on them should be carried out in each municipal area.
6. Credit rating of cities is the first step towards raising money
through the bond market, sub-national governments, and
international lenders.
7. When a government invests in developing a particular area, for
example, building a new airport outside a city, land prices around
the area rise. A portion of this benefit could accrue to the local
government.
8. A congestion charge and betterment levy in relation to such
projects may be levied wherever warranted.
8. Competition between states is becoming a powerful dynamic of change
and progress. It must be extended to competition between cities to give
rise to competitive sub-federalism.
9. Success of JNNURM
1. Its uniqueness lies in linking federal grants to reform governance.
It has helped raise awareness and concerns about problems of
urban growth and management. Urban matters are now more
widely talked about than ever before.
2. It has helped in the expansion of sewage collection, treatment and
sanitation to enable more hygienic environment in the cities.
3. With the launch of JNNURM, the environment for implementation
of schemes in the PPP mode has become more congenial.
4. JNNURM has managed to provide a strong impetus to
investments in urban sector and incentivised cities to develop
sustainable investment frameworks through service delivery
reforms and cost recovery of services provided.
5. Many of the urban spaces have become liveable again and some of
the notable achievements in this regard are 24x7 water supply in
some cities, Ahmedabad Bus Rapid Transit System, property tax
collection system in Bengaluru etc.
6. The mission has partially contributed to the achievement of MDGs
like providing sustainable access to safe drinking water and basic
sanitation, ensuring environmental sustainability and the
eradication of slums and to achieve significant improvement in
lives.
10. Peri-urban Areas
1. They are the outskirts of a large urban area, more accurately areas
which are outside jurisdiction of ULBs but are in the process of
urbanisation and have certain characteristics of urban areas.
2. Such areas are created partly by the influx from the deeper
countryside, but also from those in the cities seeking to move out
some migrating from congested areas to larger residences or new
industries and some shifting away from expensive city living.
11. Issues with peri-urban areas
1. Land use change from agricultural to residential or industrial.
2. Changes in the use of natural resources such as water and forestry.
3. New forms of pollution and waste management.
4. Creation of infrastructure.
5. Managing new cultural ethos.
12. To be able to control untidy sprawls, it is necessary to ensure that the
planning laws applicable to a present city area are also applicable to
future areas of the city.

Local Governance

1.

2. Salient features of 73rd amendment

3. Issues in local governance
1. There is lack of clarity in regard to the concept of Panchayati Raj
itself and the objectives for which it stands. They are still seen as
administrative vessels for implementing programmes of the
Central and State governments and not as democratic
organisations.
2. The functions assigned to the Panchayat and the Samiti overlap,
leading to confusion, duplication of efforts and shifting of
responsibility.
3. The increasing trend towards politicisation of local body elections.
This seriously prevents these institutions from concentrating on
local issues. Elections to local governments are not held on time.
4. The attendance at Gram Sabhas is thin, attendees expect direct
benefits and meetings are dominated by activists of political
groups.
5. Parastatal agencies continue to play a major role in matters
relating to urban planning, regulation of land use, water supply
and sewerage, and slum improvement. This leads to weakening of
the authority of the LSBs.
6. The powers transferred by states are often just a repetition of the
eleventh or twelfth schedules. The precision in specifying tasks to
different layers is missing.
7. The indirect election of most of the members to Panchayat Samiti
only increases the possibility of corruption and bribery. Even the
zilla parishad consists of mainly ex-officio members.
8. Transfer of funds did not match devolutions. Central funds
constitute the bulk of the funding to local bodies. When it comes
to raising own resources the picture is very dismal.
9. There is no transfer of functionaries and this is not only because
of reluctance of State Governments but also because of resistance
of state cadres to work under local bodies.
4. Sources of income to panchayats
1. Panchayats can discharge their functions efficiently only if they
have sufficient financial resources. For resources, Panchayats
depend mainly on grants from the State Government. They also
have taxation powers and have some income from owned or
vested assets. They may get a share in the taxes, duties, tolls and
fees that are levied and collected by the State Government.
2. Gram Panchayat: In most States the power of levying taxes is
vested in Gram Panchayats. House tax, tax on cattle, immovable
property, commercial crops, drainage tax, sanitation fee, tax on
produce sold in village, etc. Panchayats can also levy
entertainment tax. Gram Panchayats also receive funds as income
from property owned by them as common grounds, jungles, cattle
ground etc. They also receive their share in land revenue from the
State.
3. Panchayat Samiti: Panchayat Samitis can impose tax on facilities
provided by them as water for drinking or irrigation purposes, etc.
Panchayats receive income from the property vested in them.
They also receive grants from the State Governments. Funds are
transferred by Zila Panchayats or State Governments along with
schemes to be implemented by the intermediate institutions of
Panchayati Raj.
4. Zilla Parishad: Zilla Parishads are also authorised to impose
taxes. They may impose taxes on persons carrying on business in
rural areas for six months, taxes on brokers, commission agents in
markets established by them, also tax on sale of goods in these
markets. Tax on land revenue can also be imposed by Zilla
Parishads. When development schemes are entrusted to them,
necessary funds are also provided. They also receive grants from
the State, donations from charitable institutions, and may also
raise loans.
5. Challenges in fiscal transfers
1. Dependence: Panchayats are heavily dependent on government
grant and internal resource generation at the panchayat level is
weak. This is partly due to a thin tax domain and partly due to
panchayats reluctance in collecting revenue.
2. Inflexibility: A major portion of the grants is scheme specific
and panchayats have limited discretion and flexibility in spending.
The transferred funds are uneven and untimely.
3. Power devolution: The critical factor that crippled the fiscal
autonomy of the PRIs is the imperfect process of power
devolution to the PRIs by different state governments. While
some states have devolved desired powers to the PRIs, other states
are lagging behind in the process.
4. CSS: Most CSS operate through parallel structures which ignore
the Panchayats and deal directly with NGOs and user groups.
Some of the CSS implementation concentrates powers in district
missions, which have a wide flexibility to deploy funds.
5. SFCs: Reports of SFCs were not taken into account which is
another grey area in fiscal decentralisation.
6. Way ahead
1. Additional sources: Rural bodies need to look beyond the
traditional areas of lands and buildings and augment their
resources by operating in newly emerging sectors through
innovative tax measures. Ex: Fee on tourist vehicles, special
amenities, restaurant, theatre, cyber cafe etc.
2. Incentivising performance: The Ministry of Panchayati Raj has
evolved a Panchayats Empowerment and Accountability Fund
(PEAF) to incentivise both empowerment of the Panchayats by
the States and accountability of Panchayats to Gram Sabhas.
3. Royalty: PRIs should be given a substantial share in the royalty
from minerals collected by the State Government. This aspect
should be considered by the SFCs while recommending grants to
the PRIs.
4. Village panchayats: In the tax domain assigned to PRIs, village
panchayats must have primary authority over taxation. However,
where such taxation has inter-panchayat ramifications, the local
government institutions at higher levels such as intermediate
panchayat and zilla parishad could be given concurrent powers
subject to a ceiling.
5. Octroi should be abolished, but the States should evolve
mechanisms to compensate the local governments for the loss of
revenue caused by such abolition.
7. Only through fiscal autonomy, we can truly achieve Swaraj as
envisaged by Gandhi in India.
8. Limitations of local bodies
1. Local bodies are not a panacea for all manner of administrative
problems and challenges. Highly technical activities require
specialised organisations. The exploitation of natural resources
may need a regional approach necessitating setting up of
parastatals catering to a number of local bodies.
2. Local bodies are also political organizations and suffer from all
the deficiencies of political systems. Excessive decentralisation
has its own sets of problems.
3. Moreover modern governance calls for innovative methods. There
should be administrative space for different types of organizations
each contributing in their own manner to the general good.
Women SHGs and NGOs can be examples in this regard. The
convergence of the activities of all such bodies and local
authorities should be done best through the planning process.
4. On the role of local bodies in planning and implementation of
mega projects there is consensus that their constructive
involvement can reduce land related disputes, ease the process of
acquisition and rehabilitation of affected people. Information
disseminated through local bodies has allayed fears of local
people. They became a fora wherein to voice local grievances.
9. DPC
10. Shortcomings of District planning committee (DPC)
1. A number of parallel planning bodies continue to function at each
level with little contact with the PRIs. The Gram Sabhas are
functional but attendance of residents of villages at a distance is
poor. They meet only twice a year. There are no representatives of
the village level and intermediate panchayats in the DPC.
2. In most states DPCs are yet to function as envisaged in the
Constitution. They neither consolidate nor prepare draft district
developmental plans. In several States, where there is no
separation of the budget into District and State sectors, allocation
of funds to Panchayats does not match the legislative devolution
of functions to them.
3. Planning exercise’s quality suffers seriously for lack of sufficient
time. Thus planning process does not stir meaningful debates in
the Panchayats. DPCs lack technical expertise.
4. Funds given to panchayats and DPCs are tied down to schemes,
thus limiting the scope for determining and addressing local
priorities through a planning exercise. Actual provision in State
budgets also differs from the gross outlays communicated.
5. Many DPCs are headed by state ministers who are not members
of local bodies.
11. Way forward with DPCs
1. The guidelines issued by the Planning commission pertaining to
the preparation of the plan for the district and the
recommendations of the expert group regarding the planning
process at the district level should be strictly implemented.
2. Each state Government should develop the methodology of
participatory local level planning and provide such support as is
necessary to institutionalise a regime of decentralised planning.
3. States may design a planning calendar prescribing the time limits
within which each local body has to finalise its plan and send it to
the next higher level, to facilitate the preparation of a
comprehensive plan for the district.
4. State Planning Boards should ensure that the district plans are
integrated with the state plans that are prepared by them. It should
be made mandatory for the states to prepare their development
plans only after consolidating the plans of the local bodies.
5. For urban districts where town planning functions are being done
by development authorities, these authorities should become the
planning arms of the DPCs and ultimately of the District Council.
12. Weaknesses with the traditional institutions in Tribal areas
1. Not allowing full participatory rights to all members of the
community since women are excluded from decision making.
2. They are exclusive and ethnocentric and cater only to the ethnic
tribal population.
3. Non-transparent.
4. They expect compliance from members, defaulters being
penalised or socially ostracised without a formalised system of
due process.
13. 13th FC on local bodies
1. Grant: The local grant recommended by the 13th FC has two
components, a basic component and a performance based
component. The performance grant allocated to each state is
subject to fulfilling a nine-point conditionality package. This
should help promote results based accountability.
2. Role of SFC: One major contribution is the template prepared by
13th FC with the help of an expert committee to help future SFCs
in preparing their reports. This is a big step towards streamlining
SFC reports in the future.
3. Amend Article 280: The words of the article 280 were changed
from ‘on the basis of the recommendations of the finance
commission’ to ‘consideration the recommendations of the
finance commission of the State’. This recommendation, already
approved by several expert bodies fully appreciates the spirit of
the clause.
4. Parallel Agencies and bodies: The 13th FC rightly points out
that parallel agencies and bodies are emasculating local
governments both financially and operationally. Having
constitutionally assigned a certain functional domain to local
governments it is for the union and state governments to help this
process of decentralised planning and governance with funds,
functionaries and technical support.
14. Some shortcomings of recommendations
1. A large chunk of the performance grant remains un-utilised by
2015 is a distinct possibility. If state governments do not take
necessary legal and administrative action, everything will remain
in cold storage.
2. The 13th FC has dispensed with the tax or revenue effort criterion
with regard to local grants on the plea that credible data are not
available. It had data for six years and it could have obtained
better outcomes by using the tax or revenue effort criterion. The
13th FC criteria may be unfair as it is biased towards highly
populated states.
3. The 13th FC Report says the quality of SFC reports continues to
be patchy, but it is silent on where and how they continue to be so.
Actually the 13th FC is only reiterating the sweeping, general
comments against SFCs made by the 11th and 12th FC.
4. The criteria chosen for inter-se distribution of local grants leave
many things to be desired and so is its silence on SFCs. The third
tier has to be made an integral component of India’s federal public
finance and UFCs of the future cannot afford to shirk that
responsibility any more.

Direct Democracy

1. Democracy is a novel feature of modern state without any doubt. But

what is debatable is the extent of democracy. There are both positives
and negatives of direct democracy.
2. Positive implications
1. This gives respect to people’s right of taking decision about their
life which is going to be affected by national decisions.
2. This provides opportunity to gather public views on controversial
issues and giving respect to what majority of people wants to
have.
3. This keeps idea of supremacy of people which combined form a
nation.
4. This helps in removing unpopular regimes in country.
3. Negative implications
1. Public decision making is easily affected by political propaganda.
So the decision may be manipulated.
2. Also referendum based on emotional decision making can be
detrimental to its objectives in the long run as people don’t focus
on the challenges and lost opportunities with a informed and
rational mind.
3. Expertise lies with the Govt. Hence they can solve such disputes
bilaterally in more efficient way.
4. Too much democracy may lead to delay in decision making on
certain urgent decisions of national importance.
5. It has been witnessed that the fate of these deals has been decided
by razor thin margins, not reflecting true aspirations and
consensus of the people.
6. Too much democracy tends to give preference to majority view.
In such a condition, minority rights may be severely undermined.
7. Too much democracy may sometimes lead to separatist tendencies
leading to impact on unity of country.
8. It may sometimes lead to instability in the country which is
harmful for a country not only national security point of view but
also from economic point of view by turning investment away
from country. Ex: Recent chaos created by Brexit.
4. Can we have referendum in India
1. Countries like Switzerland have a strong democratic temper, a
tradition of public service by the administration, and are not
saddled with a venal political leadership. The Indian electorate is
also not mature enough to understand the implications.
2. If we were to have referendums for every issue, the majority could
end up having their way always. This is not suitable in plural
countries like India.
3. Given our cultural pluralism represented by the wide array of
political parties, how would we decide what issue is worthy of a
referendum. Unlike Britain, that had a three, now four-party
system, India has 6 national and 49 regional parties recognized by
the Election Commission of India.
4. Also, some times, referendums are very artificial. Government can
control the timing, which is a key factor in deciding who wins.
The media, by playing an irresponsible role, can further distort the
result.
5. It is for this reason the framers of the Constitution embraced the
idea of representative democracy over the kind of direct
democracy that referendums borrow from. What a representative
ideally does is to act as mixture of interests.
5. To conclude too much democracy holds both positive and negative
implications. It all depends on various factors like population of
country, education level etc. in country that to which extent a country
should be democratic.

Local emergency

1. The commission has proposed “localising emergency provisions” under

Articles 355 and 356, con​tending that localised areas either a district or
parts of a district be brought under Governor’s rule instead of the whole
state. Such an emergency provision should however not be of duration
of more than three months.
2. It can be imposed within the territory of a state in cases of widespread
violence, or a large scale natural disaster and which, in the opinion of
the Union, is beyond the means of the State to control and the State is
unwilling to control or react to.
3. Needed
1. State government can continue to function and the Legislative
Assembly would not have to be dissolved.
2. Response of the central government would be issue specific and
the Central Government would have to exit the moment the
situation is back under control. Examples are Gujarat riots, Kosi
floods.
3. It would also reduce the temptation of the Centre to misuse the
emergency provisions in Article 352 and Article 356.
4. Given the strict parameters now set for invoking the emergency
provisions under Articles 352 and 356, exercise of duty under
Article 355 should be codified.
4. Not needed
1. There are other existing provisions like the Disturbed Areas Act.
2. It will lead to undermining of federal system.

Secular provision in our constitution

Preamble

1.
2. Ingredients

3. Justice
4. Equality
5. Fraternity
Citizenship

1. Constitutional provisions
2.
3.
4.

5. Loss of citizenship
6.

7.
Article 35A

Article 35A and Article 370

1. Article 35A of the constitution empowers J&K legislature to define

state’s permanent residents and their special rights and privileges
without attracting a challenge on grounds of violating the Right to
equality. It was incorporated into the constitution in 1954 by a
Presidential order issued under Article 370 (1) (d) of the Constitution.
2. Arguments against Article 35
1. Bypassing Parliament: Article 368 (i) of the Constitution
empowers only Parliament to amend the Constitution. The
parliamentary route of law making was bypassed when the
President incorporated Article 35A into the Constitution.
2. Denial of rights of women: It protects certain provisions of the
J&K constitution which denies property rights to native women
who marry from outside the State. The denial of these rights
extends to her children also.
3. Violation of fundamental rights: under Article 14, 19 and 21 as
it is discriminatory against non-residents as far as government jobs
and real estate purchases are concerned.
4. Temporary provision: Article 370 was only a ‘temporary
provision’ and the Constitution makers did not intend Article 370
to be a tool to bring permanent amendments, like Article 35A, in
the Constitution. Thus the Article 35 A is against the "very spirit
of oneness of India" as it creates a "class within a class" of Indian
citizens.
3. Arguments for Article 35A
1. It is feared that it would lead to further erosion of J&K’s
autonomy and trigger demographic change in valley.
2. It increases the possibility of flooding the valley by people from
outside the valley which may increase trust deficit.
3. If article 35A is not upheld, the legality of many presidential
orders issued under art 370 may become questionable.
4. Though it was not passed as per the amending process given in
Article 368, but was inserted on the recommendation of J&K’s
Constituent Assembly through a Presidential Order.
5. Since Article 35A predates basic structure theory of 1973, it
cannot be tested on the touchstone of basic structure.
6. Also, similar provisions are also in place in several other states,
including some in the Northeast and Himachal Pradesh. Domicile-
based reservation in admissions and even jobs is followed in a
number of states, including under Article 371D for undivided
Andhra Pradesh.
4. Views of J&K HC on Article 370
1. Supreme court earlier ruled that Article 370 assumed a place of
permanence in the Constitution and the feature was beyond
amendment, repeal or abrogation.
2. It also observed that the President under Article 370 (1) was
conferred with power to extend any provision of the Constitution
to the State.
3. It said that J&K, while acceding to the Dominion of India,
retained limited sovereignty and did not merge with it.
4. It also clarified that Article 35A gave protection to existing laws in
force in the State.
2. Indian constitution, Union and states, Federal structure,
local governance
Fundamental rights

1. Exceptions to Equality
2.
3. Exceptions to equality of opportunity
4. Exceptions to Article 19
5. Exceptions to freedom of movement

6. Article 28
7. Article 30
8. Exceptions to fundamental rights
9.

10.
11.

12.
13. Significance of fundamental rights
14.

Directive principles

1. The Directive Principles of State Policy are considered fundamental in

the governance of the country, and establish socio-economic democracy
in India. The DPSP draws its power from Irish constitution including
Gandhian principles. They are described under Part-IV of our
constitution.
2. Features of DPSP
1. These are constitutional instructions or recommendations to the
state in legislative, executive and administrative matters.
2. They resemble 'Instrument of Instruction' enumerated in
Government of India Act, 1935.
3. DPSP constitute a very comprehensive economic, social and
political programme for modern democratic state. They embody
the concept of the welfare state.
4. BR Ambedkar had pointed out that the directives have great value
because they lay down that the goal of Indian polity is 'economic
democracy' as distinguished from 'political democracy'.
3. Significance to governance
4. Socio-economic principles
1. Land reforms and abolition of zamindari system. Ceiling has been
placed on land and property to fix the limit of person’s holdings.
2. National commission for the welfare of women has been
established by the Government. Maternity benefit act, 2016 has
been enacted to protect interests of women workers.
3. Parliament has brought a Minimum wages act, 1948 under which
rules require that both men and women be paid equal wages for
equal work.
4. Schemes like MGNREGA (Right to work), SABLA, ICDS,
National Social Assistance, Mid-day meal etc. are examples of
state attempt to follow the principles embodied in the articles 39,
41.
5. Creation of NALSA has led to a nation-wide network to provide
free and competent legal aid to the poor and to organise lok
adalats for promoting equal justice.
5. Gandhian Principles
1. Through 73rd and 74th Amendments to the constitution,
Panchayati Raj has been given the constitutional status with more
powers (Article 40).
2. Khadi and Village industries board, KVIC, Coir board, Silk board
and so on have been setup for the development of cottage
industries in rural areas.
3. Seats are reserved for SCs and STs and other weaker sections in
educational institutions and government services. The protection
of civil rights act, 1976 and Schedule Castes and Scheduled Tribes
(prevention of atrocities act, 1989) have been enacted to protect
the SCs and STs from social injustice and exploitation.
4. Laws to prohibit slaughter of the cows, calves and bullocks have
been enacted in some states.
6. Liberal-intellectual
1. Article 44: To secure for all citizens a uniform civil code (UCC)
throughout the country.
2. Article 45: To provide early childhood care and education for all
children until they complete the age of six years.
3. Article 48: To organise agriculture and animal husbandry on
modern and scientific lines. Agriculture and animal husbandry
have been modernised by providing irrigation facilities, HYV
seeds, etc. Cow and calf slaughter have been banned in certain
areas.
4. Article 48-A: To protect and improve the environment and to
safeguard forests and wild life. The wildlife protection act, 1972
and Forest conservation act, 1980 have been enacted to safeguard
wildlife and forests respectively.
5. Article 49: To protect monuments, places and objects of artistic or
historic interest which are declared to be of national
importance. The Ancient and Historical monument act (1951) has
been enacted to protect the monuments, places and objects of
national importance.
6. Article 50: To separate the judiciary from the executive in the
public services of the State. Criminal procedure code (1973)
separated judiciary from the executive.
7. Article 51: To promote international peace and security. India has
been promoting policies of non-alignment and Panchsheel to
promote international peace and security.
7. Importance of DPSP
1. It helps courts in examining and determining constitutional
validity of law in the light of socio-economic propriety.
8. Directives outside Part-IV
9. Criticism
1. The DPSP are non-justiciable in nature i.e. they are not legally
enforceable by the courts for their violation.
2. The directives are neither properly classified nor logically
arranged. The declaration mixes up relatively unimportant issues
with the most vital economic and social questions.
3. DPSP lead to constitutional conflict between Centre and states,
Centre and President, Chief minister and governor.
10. Failure of state to implement DPSP
1. The concentration of wealth has increased. India’s top 1% holds
close to half of the country’s total wealth.
2. Although the school enrolment has almost reached universal, the
high dropout rate and quality of education remains an area of
concern.
3. PRI suffers from the lacunae of funds, functions and
functionaries.
4. Women labour force participation rate have come down to 22.4
percent (ILO global employment trends report 2013).
5. Limited material resources.
6. Lack of political will and lack of awareness and organized action
on the part of the people.
11. Fundamental rights vs DPSP
12. Though much has been achieved but still there is a long way to go to
accomplish this objective of a welfare state. The DPSP have long
shaped the policy making in India and will continue to do so, as the
principles enshrined are fundamental in nature. The recent enactment of
right to education, Housing for All scheme, Mission Indradhanush etc.
showcase the vigils of the state to abide by the DPSP.

Fundamental Duties

1. Fundamental duties in the Indian constitution are inspired by the

constitution of erstwhile USSR. Article 51A, which contains
fundamental duties, was added into the constitution through 42nd
amendment after Swaran singh commitee recommendations.
2. Scope of FD
1. As rights and duties are the two side of the same coin, it is
expected that one should observe one’s duties in order to seek the
enforcement of one’s fundamental rights. For example, if a person
approaches the court for the enforcement of any of his
fundamental rights, the court may refuse to take a lenient view of
him if it comes to know that the concerned individual has no
respect for what is expected of him by the state as a citizen of the
country.
2. While determining the constitutionality of any law, if court finds
that it seeks to give effect to any of the duties, it may consider
such law to be reasonable, and thereby, save such law from
unconstitutionality.
3. Importance
1. They serve as a reminder to the citizens that while enjoying their
rights, they should also be conscious of duties they owe to their
country, their society and to their fellow citizens.
2. They serve as a warning against anti-social activities like burning
the national flag, destroying public property and so on.
3. They serve as a source of inspiration for the citizens and promote
a sense of discipline and commitment among them. They create a
feeling that the citizens are no mere spectators but active
participants in the realisation of national goals.
4. They help the courts in examining and determining the
constitutional validity of a law. In 1992, the Supreme Court ruled
that in determining the constitutionality of any law, if a court finds
that the law in question seeks to give effect to a fundamental duty,
it may consider such law to be reasonable.
5. They are enforceable by law. Hence, the Parliament can provide
for the imposition of appropriate penalty for failure to fulfill any
of them.
4. Drawbacks
1. They are not well defined. Their ambiguity and vagueness make it
difficult for common man to understand them.
2. They are merely moral postulates and do not have justiciability.
There is no provision in the constitution for direct enforcement of
these duties. There is no sanction either to prevent their violation.
3. They prescribe duties for the citizens and not for the government
for better life and social progress.
4. Fundamental duties miss some important duties such as cast vote,
pay taxes, family planning etc.
5. They should have added after Part III so as to keep them on par
with fundamental rights.
5. What duties can be added
1. Duty to vote: The state can take several steps to ensure that this
duty to vote is made operational and effective. One method
through which this may be achieved is by developing a system of
incentives for voters and conversely disadvantages for those who
abstain from performing their duty to vote.
2. Duty to pay taxes: The incorporation of the right to pay taxes as
part of Fundamental Duties in the Constitution will shift the onus
onto the taxpayer to pay taxes rather than the tax department to
collect them.
3. Duty to help accident victims: With the increase in the number
of accidents, it has become pertinent for India to recognise this
duty as one owed by its citizens towards each other.
4. Duty to keep the premises clean: The most effective mechanism
to tackle uncleanliness is to sensitise people about this duty.
Therefore, it is imperative that a Fundamental Duty to this effect
be added to the Constitution.
5. Duty to prevent civil wrongs: It is not enough that a citizen
refrains from committing wrong, he has a duty to see that fellow
citizens do not indulge in the commission of wrongs.
6. Fundamental Duties constitute the conscience of our constitution
and they should be treated as constitutional values that must be
propagated by all citizens.
6. Legal provisions for FD
Unique character of Indian constitution
1. Indian constitution borrowed its structural part from 1935 act, philosophical
part from American and Irish constitutions, political part from British
constitutions. Also it borrowed major features from Canadian, Soviet and
French constitutions. Though our constitution borrowed from so many
sources, it is unique in character.
2. Uniqueness
1. Blend of rigidity and flexibility: Some provisions can be amended with a
special majority, some with simple majority and some with special majority
along with ratification of half of the total states. No country has such different
procedures.
2. Parliament and SC: Parliament in India isn’t as strong as in Britain and
Judiciary not as supreme as in USA which recognises no limit on scope of
judicial review. Our constitution provides Judiciary with judicial review
however avoid expressions like due process of law.
3. Emergency provisions: Emergency provision enables the transformation
of federal structure into a unitary one without any formal amendments. This is
very unique to India.
4. Adult suffrage: India adopted adult suffrage from the very start which was
bold highly remarkable and unique. Even UK, USA failed to do so.
5. Three tier government: 73rd and 74th constitutional amendment Act
established a three tier government with panchayat and municipality
formations. Thus the vision of grass root self governance is achieved.
3. As Dr BR Ambedkar said that nobody holds any patent rights in the
fundamental ideas of a constitution. Borrowing from other sources is no
plagiarism. Framers of the constitution borrowed but suitably modified the
contents rectifying the mistakes.

Direct election of Mayor

1. The passage of the 74th Constitution Amendment in 1992 resulted in

Urban Local Bodies (ULBs). However, it did not prescribe the manner
of election, tenure or powers of the Mayors of ULBs. The current
election of Mayor is regulated by Municipal elections act of different
states. Recently, a private member’s bill was brought in Parliament
advocating direct election of Mayor in large Indian cities.
2. Pros of direct election
1. While there are multiple reasons for India’s urban woes, one of
the underlying problems is the absence of powerful and politically
accountable leadership in the city.
2. It will create politically relevant Mayors, hence it will create a
culture of meritocracy, performance and accountability.
3. Since the actions of Mayor is going to directly affect citizens
(works related to water supply, sanitation, cleanliness, birth
registration etc.,) hence it makes a strong case for direct election.
4. It will ensure autonomy as she doesn’t have to comply to diktats
from the party ruling the state. Ensures no hijacking of agenda of
the Municipality by the ruling party.
5. Chances are there that Mayor might prioritise interest of his own
ward over others. Direct election would help in making him
accountable to all.
6. It will be helpful in creating more transparency as communication
and reporting will be directly done by mayor.
3. Challenges in direct election
1. The first challenge is the status quo itself and the vested interests
it has entrenched. State governments do not wish to delegate more
authority to city level institutions.
2. There is a possibility that the mayor belongs to a party
commanding minority support in the municipality. In such a case,
conflicts between councillors and Mayor would be frequent. This
may lead to more deadlocks. Ex: Shimla.
3. The state government appoints an Municipal Commissioner, to
discharge the executive functions. He can be used to cut the mayor
down to size.
4. There is little evidence to suggest that directly elected mayors are
better. States like Rajasthan and HP which introduced directly
elected Mayors reversed the decision due to the difficulties posed
by such a system.
4. Way forward
1. We need a powerful political executive in the city with more
autonomy, whether directly or indirectly elected.
2. Greater devolution of funds, functions and functionaries (3Fs) to
local bodies.
3. The commissioner can be made responsible to the mayor. This
will enhance accountability.
4. Municipal officials and staff should be provided training and
imparted skill sets needed for specialised functions like waste
management, sewage treatment, city planning etc.
5. Greater synergy between elected members and officials who
should be brought under elected members and appointed as full
time members rather than birds of passage.
6. Building transparency and implementing citizen’s charter.

Aadhar

1. "The government estimates that ₹90,000 crore have been saved in the
past few years till March 2018 by the use of Aadhaar," Mr. Jaitley
said. The Digital Dividend Report prepared by the World Bank
estimates that India can save ₹77,000 crore every year by the use of
Aadhaar.
2. Facts of Aadhar
1. More than 122 crore Aadhaar numbers had been issued, covering
99% of India’s population above the age of 18.
2. Many state supported schemes, including some by the DBT
mechanism, have been linked to Aadhaar. 10.33 crore
MGNREGA card holders get wage payment through DBT in their
bank accounts.
3. 22.80 crore of PAHAL and Ujjwala beneficiaries are given
cooking gas subsidies through DBT in their Aadhaar-linked bank
accounts.
4. The Income Tax Department has already linked 21 crore PAN card
holders with their Aadhaar numbers.
3. SC judgement on Aadhar
1. While upholding the constitutional validity of Aadhaar scheme,
the Supreme Court has also ruled that Aadhaar Act doesn’t violate
your right to privacy when you agree to share biometric data.
2.

1. Students of CBSE, NEET, UGC also do not require Aadhaar

number to appear in exams. Even schools cannot seek Aadhaar
card for admissions.
2. The constitution bench of the top court has also struck down the
national security exception under the Aadhaar Act. This will
indirectly ensure greater privacy of individual’s Aadhaar data
while restricting the government accessibility to it.
3. Justice Sikri said Aadhaar would not lead to a surveillance state
because the data was kept in silos. The program’s invasion of
privacy was minimal and served a much larger public interest by
providing identities to India’s poor and marginalized
citizens. After going through the Aadhaar scheme and structure, it
is difficult to profile a person on the basis of minimal biometric
information collected, the court said.

4.

Uniform Civil Code (UCC)

Fundamental right to freedom of speech and expression

1. Ban on books: Satanic verses, Kancha Ilaiah, Wendy Dongier, Perumal

Murugan. In both Kancha Ilaiah and Perumal Murugan case.
2. Ban on Films: Padmaavat, Lipstick under my Burkha.
3. Dissent is safety valve in democracy -- Justice Chandrachud.

Laws for banning books