Explained | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Money Bill
Mains level: Legislative bypass created by Money Bills
Introduction
Against the backdrop of significant judicial pronouncements, including recent decisions on the electoral bond scheme and the Aadhaar Act, the Supreme Court grapples with a pivotal question: the delineation of a money Bill.
Why discuss this?
The ongoing examination before a seven-judge constitution bench highlights the crucial need to define the scope of a money Bill and its broader implications.
This issue carries substantial weight for legislative efficiency and constitutional adherence.
What are Money Bills?
Description
About
A financial legislation exclusively dealing with revenue, taxation, government expenditures, and borrowing.
Constitutional Basis
Article 110(1): Specifies matters related to taxation, borrowing, and appropriation of funds.
Article 110(3): Grants the Speaker of the Lok Sabha the final decision on whether a bill qualifies as a Money Bill.
Procedure
Introduction in Lok Sabha with the President’s recommendation.
Consideration and passage in Lok Sabha.
Transmission to Rajya Sabha for recommendations (no amendments).
Return to Lok Sabha for consideration of recommendations.
Acceptance or rejection of recommendations by Lok Sabha.
Assent by the President without the power to return for reconsideration.
Criteria for a Money Bill
Imposition, abolition, or regulation of taxes.
Regulation of borrowing or giving guarantees by the Government of India.
Custody of the Consolidated Fund or the Contingency Fund of India.
Appropriation of money from the Consolidated Fund of India.
Declaration of any expenditure as expenditure charged on the Consolidated Fund of India.
Receipt of money into or out of the Consolidated Fund of India or the public account of India.
Any matter incidental to the specified criteria.
Decision Authority
Speaker of the Lok Sabha has the final decision on whether a bill qualifies as a Money Bill.
President’s Role
President can either accept or reject a Money Bill but cannot return it for reconsideration.
Joint Sitting
No provision for Joint sitting for the passage such Bill.
Key Legal Precedents
[1] Prevention of Money Laundering Act (PMLA) Amendments:
Amendments introduced since 2015 to the PMLA expanded the Enforcement Directorate’s powers, triggering concerns over their passage as Money Bills.
Critics argue that such significant alterations should have undergone standard parliamentary scrutiny involving both houses.
[2] Finance Act of 2017:
The Finance Act of 2017, designated as a Money Bill, attracted scrutiny for purportedly aiming to reshape appointments to 19 crucial judicial tribunals.
Allegations surfaced suggesting a deliberate manoeuvre to enhance executive authority over these tribunals by categorizing the Act as a Money Bill.
Additionally, changes within the Act relaxed qualifications and experience prerequisites for staffing these pivotal judicial entities, raising concerns of dilution.
[3] Aadhaar Act, 2016:
The Supreme Court’s 2018 ruling upheld the validity of the Aadhaar Act as a Money Bill, despite lingering legal and procedural uncertainties.
The government’s argument hinged on the Act’s nexus to subsidies disbursed from the Consolidated Fund of India, justifying its classification as a Money Bill.
However, the verdict prompted calls for a comprehensive reevaluation, reflecting lingering doubts over the Act’s classification and its implications for parliamentary oversight.
Legal Implications
Parliamentary Bypass: By categorizing crucial amendments as Money Bills, the standard legislative process involving both houses of Parliament is bypassed, limiting comprehensive scrutiny and deliberation.
Eroding Rajya Sabha Scrutiny: Critics argue that such amendments, which often encompass far-reaching implications, should undergo thorough examination and debate in both the Lok Sabha and the Rajya Sabha.
Hasty Lawmaking: Designating important legislations as Money Bills undermines the role of the Rajya Sabha, curtailing its authority in the lawmaking process.
Against Democratic-Ethos: This erosion of parliamentary oversight raises concerns about the equitable distribution of legislative power and the preservation of democratic principles.
Lack of Judicial Scrutiny: The judiciary plays a crucial role in adjudicating the legality and constitutional conformity of categorizing amendments as Money Bills.
Future Prospects
Impending Legal Clarity: The anticipated verdict by the seven-judge bench holds the potential to reshape legislative dynamics, potentially paving the way for renewed challenges against contentious enactments.
Judicial Review: The judiciary’s vigilance in scrutinizing the validity of money Bills underscores its commitment to upholding constitutional principles and safeguarding legislative integrity.
Democratic Accountability: The evolving jurisprudence surrounding money Bills epitomizes the judiciary’s role in navigating complex constitutional nuances, ensuring robust legislative frameworks and institutional accountability.
Conclusion
As the legal saga unfolds, the apex court’s forthcoming pronouncement holds profound implications for India’s legislative landscape and institutional accountability, heralding a new chapter in the nation’s constitutional journey.
Try this PYQ:
Q. Regarding the Money Bill, which of the following statements is not correct? (CSP 2018)
(a) A bill shall be deemed to be a Money Bill if it contains only provisions relating to the imposition, abolition, remission, alteration or regulation of any tax.
(b) A Money Bill has provisions for the custody of the Consolidated Fund of India or the Contingency Fund of India.
(c) A Money Bill is concerned with the appropriation of money out of the Contingency Fund of India.
(d) A Money Bill deals with the regulation of borrowing of money or giving of any guarantee by the Government of India.
From UPSC perspective, the following things are important :
Prelims level: Section 125 of CrPC
Mains level: Personal Laws contradicting with Gender Equality
Introduction
The Supreme Court’s scrutiny of maintenance entitlements for divorced Muslim women under Section 125 of the CrPC reignites the discourse on the supremacy of secular laws versus personal laws.
The ongoing case underscores the need for judicial clarity in navigating the intersection of religious rights and gender equality.
Maintenance Entitlements: Evolution
Section 125 of CrPC codified to provide maintenance for destitute family members.
It includes divorced spouses, without religious distinction, subject to the Magistrate’s discretion.
Exception for Muslim Women
Muslim Women (Protection of Rights on Divorce) Act, 1986: Introduced to address perceived conflicts with religious law post the Shah Bano case, offering maintenance during iddat and extending till remarriage.
Judicial Pronouncements: Varied interpretations emerged post Danial Latifi v. Union of India (2001), with courts affirming both CrPC and 1986 Act remedies for divorced Muslim women.
Case Background
Dispute Synopsis: Originating from a challenge by a Muslim man against a Telangana High Court directive for interim maintenance to his divorced wife under CrPC Section 125.
Legal Argument: Husband contends 1986 Act supersedes CrPC provisions, citing jurisdictional overlap and prior payment during iddat, while wife asserts her right to CrPC maintenance.
Court Proceedings and Observations
Interpretive Dilemma: Supreme Court underscores the non-obstante clause of the 1986 Act, preserving alternative remedies under CrPC.
Constitutional Imperatives: Justices emphasize constitutional guarantees of equality, rejecting the notion of legislative intent to bar Muslim women from CrPC relief.
Precedential Insight: Recent High Court decisions affirm divorced Muslim women’s right to CrPC maintenance, notwithstanding iddat completion or khula pronouncement.
Judgments Referenced in the Input
Danial Latifi v. Union Of India (2001): Upheld the constitutional validity of the 1986 Act, extending maintenance rights to divorced Muslim women till remarriage, albeit limited to the iddat period.
Arshiya Rizvi v. State of U.P. and Anr (2022): Allahabad High Court reaffirmed divorced Muslim women’s entitlement to CrPC maintenance post iddat, ensuring continued financial support.
Razia v. State of U.P. (2022): Further reiterated by the Allahabad High Court, emphasizing the availability of CrPC remedies beyond iddat completion.
Shakila Khatun v. State of U.P (2023): High Court upheld divorced Muslim women’s right to seek CrPC maintenance, irrespective of religious personal laws.
Injustice Caused to Muslim Women
Limited maintenance: The 1986 law offers limited maintenance only during the iddat period and extends till remarriage.
Burden of personal laws: Unlike divorced women from other communities who can seek maintenance under Section 125 of the CrPC without limitations, Muslim women face restrictions imposed by personal laws.
Financial crisis: This results in inconsistent and inadequate financial support for divorced Muslim women, undermining their economic security and perpetuating gender inequality.
Unequal treatment: The injustice lies in the unequal treatment of Muslim women under the law, depriving them of the same level of protection and support afforded to women from other communities in matters of divorce and maintenance.
Implications and Future Trajectory
Judicial Deliberation: Pending verdict poised to shape the landscape of maintenance entitlements, balancing religious autonomy with gender justice.
Policy Implications: Clarification sought on legislative intent vis-à-vis CrPC and 1986 Act, crucial for uniform application and equitable access to justice.
Societal Impact: The outcome resonates beyond legal corridors, reflecting evolving societal norms and rights consciousness among marginalized communities.
Way Forward
Dialogue and Engagement: Foster open dialogue between religious leaders, legal experts, policymakers, and the Muslim community to understand concerns and perspectives.
Legal Reforms: Consider amending existing laws or introducing new legislation to balance religious autonomy with gender justice, especially in provisions related to maintenance for divorced Muslim women.
Sensitivity Training: Provide training to legal professionals on handling cases involving Muslim women with cultural competence and understanding of Islamic law while upholding equality principles.
Alternative Dispute Resolution: Encourage the use of mediation and arbitration within Islamic law to resolve family disputes, including matters of maintenance, fairly and amicably.
Consultation and Collaboration: Include Muslim women in decision-making processes and policy formulation through consultation, ensuring their voices are heard and perspectives considered.
Respect for Diversity: Acknowledge diversity within the Muslim community, avoiding generalizations, and upholding principles of pluralism and tolerance in addressing women’s rights issues.
Conclusion
The apex court’s forthcoming ruling holds the potential to bridge legal schisms and affirm the rights of marginalized segments, reinforcing the constitutional ethos of equality and justice for all.
Try this Question from CS Mains:
Q.1) Do you think marriage as a sacrament is losing its value in Modern India? (2023)
Q.2) What are the challenges to our cultural practices in the name of secularism? (2019)
From UPSC perspective, the following things are important :
Prelims level: Nanoplastics in Water Bottles
Mains level: Health and ecological hazards of Nanoplastics
Introduction
A recent study conducted by scientists at Columbia University sheds light on the pervasive presence of micro- and nano-plastics in bottled water, with nano-plastics comprising a staggering 90% of the detected particles.
What areNanoplastics?
Definition: Nanoplastics, measured in billionths of a metre, are minuscule particles that evade detection by the naked eye, posing challenges for identification and quantification.
Comparative Analysis: Smaller than microplastics, nano-plastics exemplify dimensions that are 70 times smaller than the diameter of a human hair, rendering them inconspicuous yet ubiquitous.
Key Findings
Elevated Concentration: Bottled water contains approximately 2.4 lakh micro- and nano-plastic particles per litre, highlighting a significant underestimation of plastic concentration compared to previous assessments.
Dominance of Nanoplastics: Nano-sized particles, previously overlooked by conventional imaging techniques, emerge as the predominant component, constituting 90% of the total plastic population.
Complex Particle Dynamics: Analysis reveals a diverse array of plastic compositions, shapes, and sizes, elucidating the intricate interplay between different plastic types within the aquatic environment.
How were they assessed?
Challenges in Analysis: Nanoplastics pose analytical challenges due to their diminutive size and the limitations of existing diagnostic methods.
Innovative Approach: Researchers utilize a custom hyperspectral Stimulated Raman Scattering (SRS) imaging platform to overcome these challenges, enabling detailed molecular analysis at the single-particle level.
Raman Scattering Principle: SRS microscopy leverages the Raman Effect, allowing for the identification of plastic particles based on their unique spectral signatures.
What is Raman Effect?
Discovered by Sir C.V. Raman in 1928, it describes the scattering of light by molecules, resulting in a shift in wavelength due to energy exchange.
Raman Effect occurs spontaneously when light interacts with matter, causing a small fraction of light shift to longer or shorter wavelengths.
SRS is a controlled process where two laser beams with different frequencies interact with a material, amplifying the Raman signal.
Unlike the weak signal of the Raman Effect, SRS involves amplifying the Raman signal by the presence of pump and Stokes laser beams.
SRS find applications in various fields such as spectroscopy, microscopy, and chemical analysis, with SRS offering enhanced sensitivity and specificity due to its controlled nature.
India celebrates National Science Day on February 28 each year to mark the discovery of the Raman effect by Indian physicist Sir C. V. Raman on 28 February 1928
Implications
Environmental Significance: The study underscores the pervasive nature of plastic pollution, with microplastics infiltrating ecosystems worldwide, including bottled water sources.
Biological Impact: Sub-micrometre plastic particles pose potential health risks, as they can traverse biological barriers and accumulate within living organisms.
Technological Advancements: The adoption of advanced imaging technologies enhances our understanding of nanoplastic dynamics, facilitating more accurate assessments of plastic pollution levels.
Try this question from CSP 2017
Q.Which Indian astrophysicist and Nobel laureate predicted rapidly rotating stars emit polarized light?
Places in news | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mayor in ULBs, Powers and functions
Mains level: NA
PC: Hindustan Times
Introduction
The Supreme Court has nullified the outcome of the mayoral election held on January 30 in Chandigarh.
Who is a Mayor?
In India, the mayor is the head of an urban local body, which is responsible for providing essential services and infrastructure to the residents of a city or town.
The mayor is usually elected by the membersof the Municipal Corporation or Council.
He/She serves as the ceremonial head of the local government.
History of Mayor’s elections in India
Municipal corporation mechanisms in India was introduced during British Rule with formation of municipal corporation in Madras (Chennai) in 1688, later followed by municipal corporations in Bombay (Mumbai) and Calcutta (Kolkata) by 1762.
However the process of introduction for an elected President in the municipalities was made in Lord Mayo’s Resolution of 1870.
Since then the current formand structure of municipal bodies followed is similar to Lord Ripon’s Resolution adopted in 1882 on local self-governance.
The 74th Constitutional Amendment Act of 1992 was introduced providing for the transfer of 18 different powers to urban local bodies, including the election of a mayor and to recognise them which included Municipal Corporations, Nagar Panchayats, and Municipal Councils.
Elections and tenure
The method of electing mayor and their tenure varies for each city in India.
In Bengaluru (Karnataka) the election process is indirect with a tenure being for one year.
In Mumbai (Maharashtra) it follows indirect elections with tenure for 2.5 years and Bhopal (Madhya Pradesh) follows a directly elected mayor with a term for 5 years.
Roles and Responsibilities
Governs the local civic body.
Fixed tenure varying in different towns.
First citizen of city.
Has two varied roles:
Representation and upholding of the dignity of the city during ceremonial times and
Presiding over discussions of the civic house with elected representatives in functional capacity.
The Mayor’s role is confined to the corporation hall of presiding authority at various meetings relating to corporation.
The Mayor’s role extends much beyond the local city and country as the presiding authority at corporation meetings during visits of a foreign dignitary to the city as he is invited by the state government to receive and represent the citizens to the guest of honour.
At government, civic and other social functions he is given prominence.
From UPSC perspective, the following things are important :
Prelims level: INDUS-X
Mains level: India-US defence collaboration
About the News:
The INDUS-X Summit will be held on February 20-21 in New Delhi, marking a significant milestone in the collaborative efforts between India and the US in defense innovation.
What is INDUS-X?
The ‘INDUS-X’ summit is a joint initiative between India and the US, which signifies a pivotal milestone in bilateral defense cooperation, fostering strategic technology partnerships and industrial collaboration.
Inception: June 2023.
Aim: To bolster defense innovation and technology collaboration between the two nations.
Objectives:
Advancing strategic co-operation: By expanding strategic technology partnerships and defense industrial cooperation.
Bridging Innovation Gaps: Establish a defense innovation bridge encompassing joint challenges, academia engagement, industry-startup connect, and investment in defense projects.
Focus Areas:
Fostering greater horizontal cooperation between governments, academia, and laboratories, as well as vertical partnerships between established defense primes and startups or Small and Medium Enterprises (SMEs).
Increasing the number of contact points between startups and prime contractors for critical defense assets such as jet engines, long-range artillery, and infantry vehicles.
Supporting India’s goal of achieving $5 billionin defense exports by 2025.
Contributing to a more stable and secure Indo-Pacific region.
Key Participants:
India’s Innovations for Defence Excellence (iDEX), U.S. Department of Defense, U.S.-India Business Council (USIBC), U.S. Chamber of Commerce, and Society of Indian Defence Manufacturers (SIDM).
About Innovations for Defense Excellence (iDEX)
iDEX is a flagship initiative launched in 2018by the Ministry of Defence, Government of India.
Aim: Fostering innovation and technology development in the defense and aerospace sectors.
Objective: Creating an ecosystem to rapidly develop new, indigenized, and innovative technologies for the Indian defense and aerospace sector.
It’s Significance:
Funding: The program provides grants and funds to support research and development efforts and facilitate the creation of functional prototypes of products/technologies relevant to national security.
Inclusive Growth: The program creates a culture of engagement with innovative startups, encourages co-creation for defense and aerospace sectors, and empowers a culture of technology co-creation and co-innovation within the defense and aerospace sectors.
Engagement with the Industrial sector: The program focuses on engaging industries, including MSMEs, startups, and individual innovators, to deliver technologically advanced solutions for modernizing the defense and aerospace sectors.
Collaboration: iDEX works through various programs such as the Defense India Startup Challenge (DISC), which involves problem statements from the Armed Forces, DPSUs, and OFB.
Implementation of Program:
The iDEX framework is implemented by the Defense Innovation Organization (DIO) a not-for-profit company formed under the Companies Act 2013, which acts as a bridge between the requirements of the Armed Forces and the solution providers.
Therefore, the program focuses on making India self-reliant and self-sufficient in defense matters by fostering innovation, entrepreneurship, and technology development in the defense and aerospace sector.
From UPSC perspective, the following things are important :
Prelims level: Federalism
Mains level: a critical analysis of the state of Indian democracy
Central Idea:
The article by M.K. Narayanan highlights the concerning decline in parliamentary practices and the polarization of Indian politics, particularly in the lead-up to the general election. It discusses the divisive nature of recent parliamentary sessions, the erosion of democratic principles, and the growing rift between the ruling party and the opposition. Narayanan emphasizes the need for adherence to constitutional mandates, the preservation of federalism, and the importance of managing differences within a rules-based order to safeguard India’s democracy.
Key Highlights:
The final parliamentary session before the general election was marked by divisiveness and acrimony between the ruling party and the opposition.
Narayanan underscores India’s historical commitment to democracy and parliamentary practices, citing the Constitution’s provisions for Fundamental Rights, Fundamental Duties, and Directive Principles of State Policy.
Despite external stability, internal challenges persist, including potential flashpoints like the farmers’ agitation in Punjab and Haryana and unrest in the northeast.
The article reflects on the heightened polarization in Indian politics, with the Prime Minister accusing the opposition of divisive tactics and vice versa.
Issues such as the construction of the Ram Temple in Ayodhya and attempts to enforce an Uniform Civil Code have become politicized, further exacerbating divisions.
The erosion of federalism is noted, with the ruling party accused of centralizing power and undermining regional parties.
Engineered defections to the ruling party raise concerns about the integrity of the electoral process and democratic principles.
The role of Governors in opposition-ruled states is contentious, with accusations of central interference leading to strained Centre-State relations.
Key Challenges:
Divisiveness and acrimony in parliamentary sessions.
Polarization and politicization of issues.
Erosion of federalism and centralization of power.
Tensions between Centre and opposition-ruled states.
Threats to constitutional mandates and democratic norms.
Main Terms and key words for answer writing:
Parliamentary democracy
Federalism
Polarization
Divisiveness
Constitution
Centre-State relations
Electoral integrity
Democratic principles
Rule of law
Defections
Important Phrases for answer quality enrichment:
“Divided nation”
“Engineered defections”
“Polarized politics”
“Centralization of power”
“Constitutional niceties”
“Rules-based order”
“Centre-State relations”
“Erosion of democratic norms”
Quotes:
“The unseemly spectacle has given rise to concerns about the future of parliamentary democracy in the country.”
“The country today appears more divided than it has at any time in the recent past.”
“The absence of a rules-based order… could overturn the system altogether.”
“Tolerating differences is the first order of priority.”
“Everything has to be subordinated to the requirements of the Constitution.”
Useful Statements:
“The erosion of democratic principles undermines the foundation of our parliamentary democracy.”
“The politicization of issues further exacerbates divisions and hampers constructive dialogue.”
“Adherence to constitutional mandates is essential to preserve the integrity of our democratic institutions.”
“The centralization of power at the expense of federalism threatens the balance of governance.”
“The integrity of the electoral process must be upheld to ensure the legitimacy of democratic outcomes.”
Examples and References:
The farmers’ agitation in Punjab and Haryana.
Tensions between the Centre and opposition-ruled states.
Instances of engineered defections to the ruling party.
Accusations of central interference in the functioning of opposition-ruled states.
Passage of resolutions in Parliament on contentious issues like the Ram Temple in Ayodhya.
Facts and Data:
India’s historical commitment to democracy and adherence to constitutional principles.
Instances of engineered defections and accusations of central interference in opposition-ruled states.
Polarization and acrimony observed in parliamentary sessions leading up to the general election.
Critical Analysis:
The article provides a critical analysis of the state of Indian democracy, highlighting the erosion of parliamentary practices, growing polarization, and challenges to federalism. It underscores the need for adherence to constitutional mandates, the preservation of democratic norms, and the importance of constructive dialogue to address contentious issues. The article raises concerns about the integrity of the electoral process and the erosion of democratic principles, calling for urgent action to safeguard India’s democracy.
Way Forward:
Uphold constitutional mandates and democratic principles.
Foster constructive dialogue and mutual respect between political parties.
Safeguard federalism and decentralize power to promote inclusivity and diversity.
Ensure the integrity of the electoral process and prevent engineered defections.
Prioritize the national interest over partisan politics and work towards consensus-building on key issues.
Overall, the article underscores the importance of upholding democratic values and institutions to ensure the continued stability and prosperity of India’s democracy.
From UPSC perspective, the following things are important :
Prelims level: The 73rd and 74th Constitutional Amendments Acts
Mains level: Ensuring greater devolution of powers and responsibilities to lower tiers of panchayats
Central Idea:
The article discusses the progress and challenges of decentralization in India, focusing on the effectiveness of Panchayati Raj institutions in local governance. It highlights the limited success in revenue generation by these institutions despite constitutional provisions and emphasizes the need for greater efforts towards self-sufficiency.
Key Highlights:
Background of Decentralization:The 73rd and 74th Constitutional Amendments Acts aimed to empower local bodies for self-governance, leading to the establishment of the Ministry of Panchayati Raj in 2004.
Fiscal Devolution: The constitutional amendment outlined fiscal devolution details, including own revenue generation by panchayats. However, most revenue still comes from grants, with only 1% generated through taxes.
Avenues for Revenue: The article lists various avenues for revenue generation by panchayats, including property tax, user charges, and innovative projects like rural business hubs and renewable energy initiatives.
Role of Gram Sabhas: Gram sabhas play a crucial role in local development and revenue generation by leveraging local resources, engaging in planning, and imposing taxes for community welfare.
Challenges: Despite potential avenues for revenue, panchayats face challenges such as a culture of dependency on grants, reluctance to impose taxes, and lack of authority in tax collection.
Dependency Syndrome: The article discusses the prevalent “freebie culture” and the reluctance of elected representatives to impose taxes due to concerns about popularity.
Key Challenges:
Overreliance on grants from central and state governments.
Reluctance of elected representatives to impose taxes due to concerns about popularity.
Lack of authority and capacity in tax collection by panchayats.
Prevailing “freebie culture” hindering public willingness to pay taxes.
Main Terms:
Decentralization: Transfer of authority and responsibility from central to local government.
Panchayati Raj: System of local self-government in rural areas.
Fiscal Devolution: Transfer of financial powers from central to local governments.
Own Source of Revenue (OSR): Revenue generated by local bodies through taxes, fees, and other means.
Gram Sabha: Village assembly responsible for local governance and decision-making.
Important Phrases for answer writing:
“Decentralization initiatives”
“Revenue generation efforts”
“Own source of revenue”
“Freebie culture”
“Dependency syndrome”
Quotes for answer quality improvement:
“Panchayats earn only 1% of the revenue through taxes.”
“Gram sabhas have a significant role in fostering self-sufficiency and sustainable development.”
“The dependency syndrome for grants has to be minimized.”
Useful Statements that can be used for essay:
“Despite efforts towards decentralization, many panchayats still rely heavily on grants for revenue.”
“Gram sabhas can play a pivotal role in promoting entrepreneurship and local development.”
“There is a need to educate elected representatives and the public on the significance of revenue generation for panchayat development.”
Examples and References:
The 73rd and 74th Constitutional Amendments Acts.
Ministry of Panchayati Raj’s expert committee report on own source of revenue.
Data highlighting the percentage of revenue generated by panchayats through taxes.
Examples of successful revenue generation initiatives by panchayats, such as property tax and user charges.
Facts and Data for critical arguments in answer:
Panchayats earn only 1% of revenue through taxes, with 80% from the Centre and 15% from the States.
Allocation for rural local bodies increased significantly in recent Finance Commissions, reaching ₹2,80,733 crore in the 15th Finance Commission.
Tax revenue collected by panchayats decreased from ₹3,12,075 lakh in 2018-19 to ₹2,71,386 lakh in 2021-2022.
Critical Analysis:
While constitutional amendments and expert committee reports have outlined mechanisms for fiscal devolution and revenue generation, there remains a significant gap between policy intent and implementation. Factors such as political reluctance, administrative capacity constraints, and societal attitudes towards taxation pose significant challenges to effective decentralization.
Way Forward:
Strengthening capacity building initiatives for panchayats in tax administration and financial management.
Encouraging public awareness campaigns to promote the importance of local revenue generation for sustainable development.
Ensuring greater devolution of powers and responsibilities to lower tiers of panchayats.
Exploring innovative revenue generation avenues such as public-private partnerships and leveraging local resources for economic development.
Improve your answer writing with us and crack the mains
Try to attempt following question and write the answer in comment box below
“What are the various sources available for Panchayats to generate revenue, and how can these sources contribute to enhancing the financial autonomy and sustainability of Panchayati Raj institutions?”
“What are the main challenges hindering the financial autonomy of Panchayati Raj?”
“Why is financial autonomy crucial for the effective functioning of local governance?”
From UPSC perspective, the following things are important :
Prelims level: IT Rules 2021
Mains level: importance of upholding free speech in the digital age
Central Idea:
Justice Gautam Patel’s landmark decision on the Kunal Kamra’s case underscores the critical importance of upholding the constitutional right to free speech, particularly in the realm of social media. The decision highlights the inherent dangers of arbitrary censorship and the need for clear, reasonable restrictions in line with constitutional principles.
Key Highlights:
Upholding Free Speech: The decision reaffirms the sacrosanct nature of the constitutional guarantee of free speech, emphasizing its protection against undue state encroachment.
Rejection of Arbitrary Censorship: Justice Patel condemns the amended Rule 3(1)(b)(v) of the IT Rules 2021 as vague and overbroad, posing a threat to critical discourse and debate.
Constitutional Principles: The judgment invokes Article 19 and Article 14 of the Constitution, arguing that the amended rule infringes upon fundamental rights and lacks reasonable standards.
Importance of Judicial Review: The decision underscores the role of judicial review in curbing potential abuses of power by government entities, particularly in safeguarding democratic principles.
Recognition of Digital Regulation: While acknowledging the need to combat misinformation, the judgment insists on the importance of balanced regulation that respects free speech rights.
Key Challenges:
Interpretation of Constitutional Rights: Balancing free speech with the need for regulation presents a challenge in defining clear and reasonable restrictions.
Enforcement and Compliance: Ensuring compliance with constitutional principles and judicial decisions poses challenges in a dynamic digital landscape.
Government Response: The government’s response to judicial decisions and its commitment to upholding constitutional principles may vary, influencing the effectiveness of legal interventions.
Main Terms or key terms for answer writing:
Free Speech
Constitutional Guarantee
Social Media Regulation
Arbitrary Censorship
Judicial Review
Fundamental Rights
Digital Platforms
Misinformation
Democratic Principles
Important Phrases for good marks in mains:
“The sacrosanctity of the inviolate constitutional guarantee of free speech”
“Vague and overbroad”
“The imperative of combatting fakery and misinformation”
“A bulwark against the excesses of majoritarian assemblies”
“Agents of injustice”
“Inter-institutional comity”
Quotes that you can use in essay for value addition:
“The cacophony of dissent and disagreement is the symphony of a democracy at work.”
“Falsehood flies, and truth comes limping after it.”
“The will of the State is subject to scrutiny by those affected by the exercise of State power.”
“Democratic power is a trust held upon conditions.”
Useful Statements for value addition:
“The decision reaffirms the constitutional conscience and rejects the potential for wanton abuse of power.”
“Fear-instilled stillness ill serves the case of a vibrant democracy.”
“A law that permits its enforcers to become agents of injustice cannot be countenanced in a constitutional democracy.”
Facts and Data for value addition and credibility to your arguments:
Mention of the amended Rule 3(1)(b)(v) of the IT Rules 2021.
Reference to Justice Patel’s decision on the Kunal Kamra’s case, dated 31st January.
Critical Analysis:
Justice Patel’s decision serves as a significant safeguard against potential abuses of power and underscores the importance of upholding free speech in the digital age. By rejecting arbitrary censorship and emphasizing the need for clear, reasonable restrictions, the judgment sets a crucial precedent for protecting democratic principles.
Way Forward:
Ensure compliance with constitutional principles in regulating digital platforms.
Encourage balanced regulation that combats misinformation while respecting free speech rights.
Foster inter-institutional comity by heeding judicial decisions and promoting democratic accountability.
By adhering to these principles, policymakers can navigate the complexities of digital regulation while upholding fundamental rights and democratic values.
Improve your answer writing with us and crack the mains
Try to attempt following question and write the answer in comment box below
How does Justice Patel’s decision in the Kunal Kamra’s case uphold the constitutional right to free speech?
What are the key challenges in balancing free speech with the need for regulation, as highlighted in the judgment?
How does the judgment emphasize the importance of judicial review in safeguarding democratic principles in the digital age?
