BPSC-132 INDIAN GOVERNMENT AND POLITICS
1. Discuss the Basic Structure Doctrine and Critically Evaluate its Impact.
The Basic Structure Doctrine is a judicial principle that asserts certain fundamental features of the Constitution of India cannot be altered or amended by the Parliament. This doctrine was introduced by the Supreme Court in the landmark case of Keshavananda Bharati v. State of Kerala (1973), where a 13-judge bench held that Parliament’s power to amend the Constitution is not unlimited and cannot alter its “basic structure.” The basic structure of the Constitution is considered to include its essential principles, values, and framework, such as the supremacy of the Constitution, the rule of law, separation of powers, democracy, federalism, and secularism.
Background: Before the Keshavananda case, the Constitution allowed Parliament to amend any part of the Constitution under Article 368, without any substantive limitations. However, in the Golaknath case (1967), the Supreme Court had ruled that fundamental rights cannot be amended by Parliament, thus laying the groundwork for limitations on amendments. In Keshavananda Bharati, the Court evolved the doctrine that while Parliament could amend the Constitution, it could not alter its basic structure.
Key Elements of the Basic Structure: The judgment did not provide an exhaustive list of the basic features, leaving it to the discretion of the judiciary to identify them over time. However, some principles that have been considered part of the basic structure include:
- Democracy
- Republicanism
- Rule of Law
- Separation of Powers
- Judicial Review
- Federalism
- Secularism
- Fundamental Rights
The scope of what constitutes the “basic structure” has been expanded in subsequent cases. For example, in the Minerva Mills case (1980), the Court held that the balance between Fundamental Rights and Directive Principles of State Policy is part of the basic structure. Similarly, in Indira Gandhi v. Raj Narain (1975), the judiciary emphasized that free and fair elections are a fundamental feature of India’s democracy.
Critical Evaluation: The Basic Structure Doctrine has had profound implications on the balance of power between the judiciary and the legislature. Critics argue that the doctrine is a form of judicial overreach, as it allows the Supreme Court to strike down amendments that are enacted by the democratically elected Parliament. This has led to debates over the role of the judiciary in interpreting the Constitution and whether the unelected judiciary should have the power to limit the decisions of the legislature.
Impact:
- Judicial Independence: The doctrine has helped preserve the independence of the judiciary, ensuring that the Parliament cannot change the basic framework that protects judicial review and the rule of law.
- Protection of Fundamental Rights: The basic structure doctrine has been used to protect the fundamental rights of citizens, as any attempt to alter them in a manner that undermines the Constitution’s core principles has been struck down.
- Guarding Democracy: It has played a crucial role in maintaining democratic values by safeguarding the separation of powers, federalism, and the democratic framework of the Indian state.
- Conflict between Legislature and Judiciary: The doctrine has at times led to tensions between the judiciary and the legislature. For instance, in the NJAC case (2015), the Supreme Court struck down a constitutional amendment that sought to alter the mechanism for the appointment of judges, invoking the basic structure doctrine.
- Flexibility of the Constitution: While the doctrine has ensured the core values of the Constitution remain intact, it has also created a degree of rigidity, which some argue hinders the capacity of the Parliament to adapt the Constitution to new circumstances.
In conclusion, the Basic Structure Doctrine has played a critical role in preserving the integrity of India’s Constitution, but it has also sparked debates on the appropriate balance of power between different branches of government.
2. Discuss the Parliamentary Mechanisms Employed to Control the Executive.
In a parliamentary democracy like India, the executive is drawn from and is accountable to the legislature. This structure ensures that the executive (the Council of Ministers headed by the Prime Minister) remains responsible to the elected representatives of the people. There are several parliamentary mechanisms in India to control and check the powers of the executive, ensuring that it remains accountable, transparent, and responsive to the legislature.
1. Question Hour and Debate: The Question Hour is an important parliamentary procedure used to hold the executive accountable. During Question Hour, Members of Parliament (MPs) pose questions to ministers regarding the actions, policies, and functioning of various ministries. These questions can be classified as Starred Questions (requiring a verbal answer) or Unstarred Questions (requiring a written answer). The ministers are obligated to respond to these questions, and the MPs can seek clarification or raise supplementary questions to scrutinize the executive’s decisions.
- Debates: Parliament also engages in debates on important national issues, allowing the opposition and ruling parties to express their views. These debates can lead to motions, which can compel the government to act or change its position on specific matters.
2. No-Confidence Motion: A No-Confidence Motion is a powerful tool for the legislature to express its lack of confidence in the executive. If the motion is passed with a majority in the Lok Sabha (the Lower House), the Prime Minister and the entire Council of Ministers must resign. This mechanism directly ensures that the executive remains answerable to the legislature and cannot function without the confidence of the majority in the Lower House.
3. Parliamentary Committees: Parliamentary committees play an essential role in scrutinizing the functioning of the executive. These include:
- Public Accounts Committee (PAC): The PAC examines the government’s expenditures and ensures that public money is spent according to parliamentary approval. It often highlights inefficiencies, irregularities, and corrupt practices.
- Standing Committees: These committees review and recommend amendments to proposed bills, scrutinize departmental budgets, and monitor the performance of ministries.
- Committee of Privileges: This committee deals with matters related to the privileges of MPs, ensuring that the executive respects the rights of the legislature.
4. Adjournment Motion: An Adjournment Motion is a motion introduced by an MP to discuss a matter of urgent public importance, usually related to the executive’s actions or inactions. If accepted, the motion suspends the regular business of the House to allow the matter to be discussed. This serves as a tool to challenge the executive, especially when there is a perceived failure in governance or the handling of an issue.
5. Votes of Confidence or Appropriation: The executive is also accountable to the legislature through the vote of confidence and the vote on the budget (appropriation). The government must secure a majority vote in Parliament to pass the budget, which approves government spending. The failure to pass the budget or a vote of confidence signals a loss of support for the government.
6. Role of the Opposition: The Opposition plays a crucial role in holding the executive accountable. Through motions, debates, and questioning, the opposition challenges the executive’s actions and policies. The leader of the opposition, along with other members, often acts as a voice of dissent, ensuring a broader spectrum of views are represented in the decision-making process.
7. Presidential Oversight: While the President of India is largely a ceremonial head of state, the President can sometimes play a role in controlling the executive, especially during situations where the executive is in violation of constitutional principles. For example, the President can withhold assent to bills, ask for reconsideration, or dissolve the Lok Sabha if the government loses a vote of confidence.
8. Public Accountability: Parliament also ensures that the executive remains answerable to the public through media coverage, public hearings, and discussions. Parliamentary proceedings are open to the public, allowing citizens to monitor the executive’s actions. Public pressure and opinion can often influence executive decisions, especially when MPs feel the need to represent the public’s concerns.
In conclusion, the mechanisms available to Parliament to control the executive are comprehensive and vital in ensuring the government is accountable. These mechanisms facilitate transparency, encourage responsible governance, and safeguard democratic principles. However, for these mechanisms to function effectively, it is essential that the opposition, the media, and civil society also play an active role in holding the executive accountable.
Answer the following questions in about 250 words each. Each question carries 10
marks.
- Discuss the Marxist perspective on the study of Indian politics.
- Elucidate the powers and functions of the Speaker of the Lok Sabha.
- What is a Money Bill? Explain its role and importance in the Indian Parliament.
1. Discuss the Marxist Perspective on the Study of Indian Politics.
The Marxist perspective on the study of Indian politics focuses on the economic base of society and its relation to political structures and ideologies. According to Karl Marx, the material conditions and economic forces shape the superstructure, including politics, law, and ideology. In the Indian context, Marxist scholars view the Indian political system as a reflection of the capitalist economy and class relations that were inherited from colonial rule.
Marxist theorists argue that India’s political landscape cannot be fully understood without considering the historical impact of colonialism and the class structures that it created. The colonial period, according to Marxists, laid the foundation for the concentration of wealth and power in the hands of a few elites, a situation that persisted after independence. The Indian political system, post-independence, is seen as one in which the ruling class, consisting of landlords, capitalists, and bureaucrats, continues to dominate and exploit the working class, peasants, and lower castes.
Prominent Marxist thinkers like A.R. Desai and M.N. Srinivas critiqued the idea of Indian democracy as an illusion, arguing that it largely serves the interests of the elite rather than the common people. Marxists also focus on issues such as the role of class struggle, economic inequality, and the role of ideology in maintaining the status quo. They argue that political decisions, even in democratic India, are often shaped by the interests of dominant classes, while the marginalized groups remain excluded from the political process.
In conclusion, the Marxist perspective on Indian politics offers a critical analysis of how class relations, economic structures, and the legacy of colonialism continue to influence political outcomes and power dynamics in the country.
2. Elucidate the Powers and Functions of the Speaker of the Lok Sabha.
The Speaker of the Lok Sabha is the presiding officer of the Lower House of India’s Parliament. The Speaker plays a vital role in ensuring that the House operates smoothly, fairly, and efficiently. The Speaker is responsible for maintaining order during debates, making decisions on parliamentary procedures, and ensuring that the rights of all members are protected.
Powers and Functions:
- Maintaining Order: The Speaker maintains decorum and order in the House. They have the authority to take disciplinary actions, such as reprimanding or suspending members who disrupt the proceedings.
- Decision-Making on Parliamentary Procedures: The Speaker has the final say on the interpretation of the rules of procedure of the House. They decide on points of order, matters of procedure, and how votes are conducted.
- Presiding Over Debates: The Speaker ensures that debates proceed in an organized manner, and only those who have been given the floor can speak. They have the authority to call members to order if they violate the rules.
- Casting Vote: In the event of a tie during a vote, the Speaker has a casting vote, meaning they can decide the outcome of the vote.
- Referring Bills to Committees: The Speaker has the power to refer bills to committees for detailed examination and reports. They also decide on the scope and terms of reference of these committees.
- Representing the Lok Sabha: The Speaker represents the Lok Sabha in all external matters and is the spokesperson for the House to the President, other branches of government, and the public.
- Ensuring Parliamentary Privileges: The Speaker protects the rights and privileges of members of the House and ensures that parliamentary privileges are upheld.
- Independence and Neutrality: The Speaker is expected to be impartial and not align with any political party. They should not vote in general debates, except for casting votes in the event of a tie.
In summary, the Speaker’s role is crucial in maintaining the functioning and integrity of the Lok Sabha. Their neutrality and authority ensure that the proceedings are carried out fairly, contributing to the strength of India’s democratic system.
3. What is a Money Bill? Explain its Role and Importance in the Indian Parliament.
A Money Bill is a special type of bill in the Indian Parliament that deals exclusively with matters related to national taxation, public expenditure, and the allocation of funds. The provisions concerning Money Bills are defined in Article 110 of the Indian Constitution.
Definition: According to the Constitution, a Money Bill is one that deals with:
- The imposition, abolition, remission, or alteration of any tax.
- The borrowing of money or giving of guarantees by the government.
- The appropriation of funds from the Consolidated Fund of India.
- Any matter related to the regulation of the expenditure of government funds.
Role and Importance:
- Exclusive Role of the Lok Sabha: Money Bills can only be introduced in the Lok Sabha (the Lower House of Parliament) and are considered to have priority over other types of legislation. The Rajya Sabha (the Upper House) can discuss and suggest amendments to a Money Bill, but it cannot reject it outright. If the Rajya Sabha does not act within 14 days, the Bill is deemed to have been passed by both Houses.
- Government’s Financial Powers: Money Bills are an essential tool for the government to carry out its financial responsibilities, such as raising funds for public expenditure, providing subsidies, and ensuring the proper functioning of government programs. These bills are typically presented during the annual Budget session.
- Checks and Balances: Although the Rajya Sabha cannot amend a Money Bill, its role in discussion allows for a degree of oversight. This serves as a check on the executive, as the legislature has the power to debate and review the financial proposals made by the government.
- Stability and Efficiency in Financial Legislation: The Constitution grants special treatment to Money Bills to ensure that the government can efficiently raise revenue and manage public expenditure without unnecessary delays. The strict timeline for Rajya Sabha action helps prevent any undue hold-ups in the functioning of the government’s financial machinery.
In conclusion, Money Bills play a crucial role in India’s governance, as they provide the necessary legal framework for the financial operations of the state, including taxation, borrowing, and expenditure management. They are vital for the proper functioning of the economy and the execution of government policies.
Answer the following questions in about 100 words each. Each question carries 6
marks.
- Define Judicial Review and explain its importance.
- How does the concept of Collective Responsibility operate in the Indian
parliamentary system? - What is Question Hour in the Indian Parliament, and what purpose does it serve?
- Briefly describe the procedure for removing a Judge of the Supreme Court of India.
- Explain the dominant party system in Indian politics.
1. Define Judicial Review and explain its importance.
Judicial Review is the power of the judiciary to review laws, actions, and decisions made by the executive and legislature to ensure they conform to the Constitution. It is a mechanism for upholding the Constitution and safeguarding fundamental rights. The importance of judicial review lies in its ability to act as a check on the arbitrary power of the government, ensure the rule of law, and protect individual rights by invalidating unconstitutional laws or actions.
2. How does the concept of Collective Responsibility operate in the Indian parliamentary system?
In the Indian parliamentary system, Collective Responsibility refers to the principle that the entire Council of Ministers, headed by the Prime Minister, is collectively responsible to the Lok Sabha (the Lower House of Parliament). This means that if the Lok Sabha passes a vote of no-confidence against the government, all ministers must resign, as they are jointly responsible for all decisions and policies. It ensures that the executive functions cohesively and remains accountable to the legislature.
3. What is Question Hour in the Indian Parliament, and what purpose does it serve?
Question Hour is the first hour of a parliamentary sitting, where members can ask questions to the ministers regarding government policies and issues. It serves as an important tool for ensuring transparency and accountability of the executive. During this time, ministers are expected to respond to questions posed by Members of Parliament (MPs) on various matters, allowing the legislature to scrutinize the actions of the government.
4. Briefly describe the procedure for removing a Judge of the Supreme Court of India.
The process for removing a Supreme Court Judge in India is outlined in Article 124(4) of the Constitution. A judge can be removed through a motion of impeachment. The process involves:
- A notice of motion is introduced in either House of Parliament, signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha.
- The motion must be investigated by a three-member committee, which examines the allegations of proven misbehavior or incapacity.
- If the committee upholds the motion, it is then put to a vote in both Houses of Parliament.
- If both Houses pass the motion by a two-thirds majority, the President can remove the judge.
5. Explain the dominant party system in Indian politics.
The dominant party system refers to a political system where one party consistently dominates the political landscape and holds the majority of seats in the legislature, even though multiple parties exist. In India, the Indian National Congress (INC) was the dominant party from independence until the late 1960s, and later, the Bharatiya Janata Party (BJP) became dominant. The dominant party shapes the political discourse and has a significant influence on policy, often leading to stable government formation. However, the system may lead to limited political competition and overshadow other parties.