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Subject: Fundamental Rights,DPSP

1. History + Evolution
2. Features
3. Amendments
4. Basic Structure

  • What is Privilege Motion?

    A chief whip of the largest party in opposition in the Rajya Sabha has moved a privilege motion against Culture Minister over the appointment of the chairperson of the National Monuments Authority.

    What is Parliamentary Privilege?

    • Parliamentary privilege refers to the right and immunity enjoyed by legislatures.
    • The legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.
    • They are granted so that the MPs/MLAs can effectively discharge their functions.
    • The powers, privileges and immunities of either House of the Indian Parliament and of its members and committees are laid down in Article 105 of the Constitution.
    • Article 194 deals with the powers, privileges and immunities of the State Legislatures, their members and their committees.

    What is a privilege motion?

    • When any of the rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under law of Parliament.
    • A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege.
    • Each House also claims the right to punish as contempt actions which, while not breach of any specific privilege, are offences against its authority and dignity.

    What are the rules governing privilege?

    • Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook govern privilege.
    • It says that a member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or of a committee thereof.
    • The rules however mandate that any notice should be relating to an incident of recent occurrence and should need the intervention of the House.
    • Notices have to be given before 10 am to the Speaker or the Chairperson.

    What is the role of the Speaker/Rajya Sabha Chair?

    • The Speaker/RS chairperson is the first level of scrutiny of a privilege motion.
    • The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.
    • If the Speaker/Chair gives consent under Rule 222, the member concerned is given an opportunity to make a short statement.

    What is the privileges committee?

    • In the Lok Sabha, the Speaker nominates a committee of privileges consisting of 15 members as per respective party strengths.
    • A report is then presented to the House for its consideration. The Speaker may permit a half-hour debate while considering the report.
    • The Speaker may then pass final orders or direct that the report be tabled before the House.
    • A resolution may then be moved relating to the breach of privilege that has to be unanimously passed.
    • In the Rajya Sabha, the deputy chairperson heads the committee of privileges, which consists of 10 members.

    Answer this PYQ in the comment box:

    Q.With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the constitution of delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

     

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  • In news: National Commission for Scheduled Castes (NCSC)

    The National Commission for Scheduled Castes (NCSC) will examine the complaint of a decorated Narcotics Control Bureau (NCB) officer against caste-based allegations by a Maharashtra minister.

    About National Commission for Scheduled Castes

    • NCSC is a constitutional body under Article 338 of the Indian Constitution.
    • It functions under the jurisdiction of Ministry of Social Justice and Empowerment.
    • It was established with a view to provide safeguards against the exploitation of Scheduled Castes.
    • It aims to promote and protect their social, educational, economic and cultural interests, special provisions were made in the Constitution.

    How were they established?

    • The original constitution provided for the appointment of a Special Officer under Article 338.
    • The special officer was designated as the Commissioner for Scheduled Castes and Scheduled Tribes.
    • The 65th Constitutional Amendment Act 1990, amended Article 338 of the Constitution to introduce a joint NC for SCs and STs.
    • Later by 89th Amendment, NC for Scheduled Castes (NCSC) and NC for Scheduled Tribes (NCST) were separated by creating a new Article 338-A.

    Functions

    • To investigate and monitor all matters relating to the safeguards provided for the SCs
    • To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Castes
    • To participate and advise on the planning process of socio-economic development of the SCs
    • To evaluate the progress of their development under the Union and any State
    • To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards
    • To make in such reports recommendations as to the measures that should be taken by the Union or any State
    • To discharge such other functions as the President may, subject to the provisions of any law made by Parliament, by rule specify

    Note: National Commission for Backward Castes is also a constitutional body too. According to article 340, President shall establish a commission to examine the condition of social and backward class.

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  • How Political Parties are registered in India?

    Former Punjab CM has announced that he will be forming his own political party in Punjab ahead of the state assembly elections.

    Registering a Political Party

    • The registration of all political parties is governed by the provisions of the Representation of the People Act, 1951.
    • According to the Election Commission (EC), any party seeking registration has to submit an application to the Commission within a period of 30 days.
    • This is done as per guidelines prescribed by the EC in exercise of the powers conferred by Article 324 of the Constitution and Section 29A of the RP Act, 1951.

    Note: There is no procedure available for de-registration of dormant political parties.

    Process of registration

    • The applicant is asked to publish a proposed party name in two national daily newspapers and two local daily newspapers, and provide two days for submitting objections, if any.
    • The notice for publication is also displayed on the website of the Election Commission.

    Why registering with the EC is important?

    • It is not mandatory to register with the Election Commission.
    • However, registering as a political party with the EC has its advantage in terms of intending to avail itself of the provisions of the RP Act, 1951.
    • The candidates set up by a political party registered with the EC will get preference in the matter of allotment of free symbols vis-à-vis purely independent candidates.
    • More importantly, these registered political parties, over course of time, can get recognition as a ‘state party’ or a ‘national party’.

    How EC recognises a political party as a state or national party?

    For recognition as a NATIONAL PARTY, the conditions specified are:

    1. a 6% vote share in the last Assembly polls in each of any four states, as well as four seats in the last Lok Sabha polls; or
    2. 2% of all Lok Sabha seats in the last such election, with MPs elected from at least three states; or
    3. recognition as a state party in at least four states.

    For recognition as a STATE PARTY, any one of five conditions needs to be satisfied:

    1. two seats plus a 6% vote share in the last Assembly election in that state; or
    2. one seat plus a 6% vote share in the last Lok Sabha election from that state; or
    3. 3% of the total Assembly seats or 3 seats, whichever is more; or
    4. one of every 25 Lok Sabha seats (or an equivalent fraction) from a state; or
    5. an 8% state-wide vote share in either the last Lok Sabha or the last Assembly polls.

    Benefits for recognized parties

    • This is subject to the fulfilment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968.

    (a) Reserved Sybol

    • If a party is recognised as a ‘state party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the state in which it is so recognised. If a party is recognised as a ‘national party’ it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India.

    (b) Proposer for nomination

    • Recognised ‘state’ and ‘national’ parties need only one proposer for filing the nomination.

    (c) Campaigning benefits

    • They are also entitled for two sets of electoral rolls free of cost and broadcast/telecast facilities over state-owned Akashvani/Doordarshan during the general elections.

     

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  • Religious Conversion and Quota Benefits

    In a retaliatory move, a state minister has alleged about a decorated officer serving in the Narcotics Control Bureau (NCB), has benefitted from the reservation for Scheduled Castes (SCs) despite being Muslim.

    Do you know?

    If the quota/caste certificate is found to be false, the government servant is be removed or dismissed from the service.  There are many who are arranging EWS quota certificates based on forged evidences. Beware.

    Quota and religion

    • The Constitution (Scheduled Castes) Order, 1950, lays down that no person professing a religion different from the Hindu or Sikh or Buddhist religion can be deemed to be a member of an SC.
    • However, this provision has been amended several times.
    • The original order under which only Hindus were classified as SCs, was amended to include Sikhs in 1956, and Buddhists in 1990.

    Rules of Religion in eligibility for the SC Quota

    • There is a 15 per cent quota for SCs in government jobs.
    • But Hindu SCs who convert to Islam lose their SC status, and are no longer eligible for the quota.

    A brochure on the Department of Personnel and Training (DoPT), site lays down the position on SC status and conversions:

    1. A person shall be held to be a member of a SC or ST if he belongs to a caste, or a tribe which has been declared as such.
    2. No person who professes a religion different from the Hindu or the Sikh religion shall be deemed to be a member of the SCs.
    3. Further a person belonging to a SC or ST will continue to be deemed as such irrespective of his/her marriage to a non-Scheduled Caste/Scheduled Tribe.
    4. However, a convert or re-convert to Hinduism and Sikhism shall be accepted as a member of SC if he has been received back and accepted as a member of the concerned SC.
    5. No such religion-based bar, however, operates for STs and Other Backward Classes (OBCs).

    What about STs?

    • The rights of a person belonging to a Scheduled Tribe are independent of his/her religious faith.

    Is the exclusion of Muslims and Christians discriminatory?

    • Petitions have been filed in the Supreme Court seeking the inclusion of Muslims and Christians in the SC category.
    • In 2008, the National Commission on Minorities concluded that there was a case for inclusion Dalit Christians and Dalit Muslims in the SC category.
    • In January 2020, the SC agreed to examine a plea by the National Council of Dalit Christians to make the government’s affirmative action programmes religion-neutral.
    • The plea is pending before the court.

    In inter-caste marriages, can mother’s caste be the caste of the couple’s child?

    • The child carries the caste of the father, and caste certificates are issued on this basis.
    • However, courts have taken note of the surroundings in which the child was brought up.
    • In Rameshbhai Dabhai Naika vs State of Gujarat & Ors (2012), the Supreme Court has set a precedence.
    • In an inter-caste marriage or a marriage between a tribal and a non-tribal there may be a presumption that the child has the caste of the father.
    • This presumption may be stronger in the case where husband belongs to a forward caste.
    • In 2006, then Minister for Social Justice and Empowerment has proposed that children born of inter-caste marriages should get SC status if either parent belongs to a SC.

    Govt. stance on this

    • In 2006, then Minister for Social Justice and Empowerment has proposed that children born of inter-caste marriages should get SC status if either parent belongs to a SC.
    • A proposal was to be placed before the Cabinet in April 2008, but was withdrawn at the last minute.
    • There was resistance to the suggestion from many quarters, including the National Commission for Scheduled Castes (NCSC).

     

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  • What is National Population Register?

    The latest form of the National Population Register (NPR) appears to have retained contentious questions such as “mother tongue, place of birth of father and mother and last place of residence”.

    National Population Register

    • The NPR is a Register of usual residents of the country.
    • It is being prepared at the local (Village/sub-Town), sub-District, District, State and National level.
    • This is carried under provisions of the Citizenship Act 1955 and the Citizenship (Registration of Citizens and issue of National Identity Cards) Rules, 2003.
    • It is mandatory for every usual resident of India to register in the NPR.
    • A usual resident is defined for the purposes of NPR as a person who has resided in a local area for the past 6 months or more or a person who intends to reside in that area for the next 6 months or more.

    Why NPR is under fire?

    • Though NPR was first compiled in 2010 and updated in 2015, the new questions were part of a trial exercise involving 30 lakh respondents in September 2019.
    • The exercise has perceived the first step toward the compilation of the National Register of Indian Citizens (NRC) according to Citizenship Rules, 2003.

    Questions in NPR

    • In 2020 NPR, the respondent will have to specify the “name of State and district” if the place of birth of father and mother is in India and mention the country’s name if not born here.
    • The form will collect details on 14 parameters of all family members.
    • The sub-heads include passport number, relationship to head of the family, whether divorced/widowed or separated, mother tongue, if non-worker, cultivator, labourer, government employee, daily wage earner among others.
    • The form also has a column on Aadhar, mobile phone, Voter ID and driving license number, which are to be provided if available with the respondent.

    How are NRIC and NPR related?

    • Out of the NPR, a set of all usual residents of India, the government proposes to create a database of “citizens of India”.
    • Thus, the “National Register of Indian Citizens” (NRIC) is a sub-set of the NPR.
    • The NRIC will be prepared at the local, sub-district, district and State levels after verifying the citizenship status of the residents.
    • The rules say the particulars of every family and individual found in the Population Register shall be verified and scrutinized by the Local Registrar.

    How NPR is different from Census?

    • The census involves a detailed questionnaire — there were 29 items to be filled up in the 2011 census.
    • They are aimed at eliciting the particulars of every person, including age, sex, marital status, children, occupation, birthplace, mother tongue, religion, disability and whether they belonged to any SC or ST.
    • On the other hand, the NPR collects basic demographic data and biometric particulars.
    • While the census is legally backed by the Census Act, 1948, the NPR is a mechanism outlined in a set of rules framed under the Citizenship Act, 1955.

     

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  • Internal democracy in political parties

    Context

    It is obvious that institutional intermediaries in a representative democracy must themselves be democratic. However, beyond the rhetoric, internal democracy in a political party is less straightforward.

    How democratic accountability in a political party is different from that in a country

    • Democratic accountability in a political party is qualitatively different from that in a country.
    • A political party is a collaborative platform to capture state power to achieve a certain vision for society. 
    • In a country, there are sharp differences between citizens on the vision and values themselves and the role of democracy is not just to create a framework to negotiate conflict but to ensure that the state is representative of the largest section of the electorate through periodic elections.
    • Thus, while democracy at the level of the country is a bottom-up opportunity to change direction altogether, democratic accountability in a political party exists within an ideological framework.

    Is internal elections for party leadership a solution?

    • Subversion of internal institutional process: Proponents underestimate the ability of existing repositories of power to subvert internal institutional processes to consolidate power and maintain the status quo.
    • Independence of lower level: the assumption that the lower levels would be independent and hold the higher levels of leadership to account glosses over the many ways power asserts itself.
    • Independence and quality of electorate: The outcome of internal elections is contingent on the independence and quality of the electorate.
    • In indirect elections (through delegates), the electorate would likely mirror the existing balance of power.
    • In direct elections, there is a concern of ideological dilution and/or capture through opportunistic membership.
    • It is evident that internal elections may factionalise power but cannot establish normative accountability, which extends to all members of the party along three interconnected axes of ideology, organisation and competence.
    • Normative accountability is thus rooted in a dynamic context and is necessarily a deliberative process.

    Democratic functioning in political parties is not an end in itself

    • Unlike for the state, democracy is not an end in itself for a political party.
    • The highest possible attainment of individual well-being and individual self-will through a democratic state is an end in itself.
    • The purpose of a political party is the acquisition of state power.
    • Democratic functioning may be an ideological imperative, operational choice, or legitimising tactic but it is not an end in itself for a political party.

    Way forward

    • Instead of looking at internal party processes, one way to decentralise power is by getting rid of the anti-defection law.
    • The need to canvass votes in the legislature will create room for negotiation in the party organisation too.
    • Most importantly, this reform will impose a similar burden on all political parties and may create space to change the overall political culture.

    Consider the question “Lack of internal democratic functioning in the political parties has bearing on the overall political functioning of the country. Examine the factors responsible for its lack in India and suggest measures to encourage it.”

    Conclusion

    The role of democracy is not just to create a framework to negotiate conflict but to ensure that the state is representative of the largest section of the electorate through periodic elections.

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  • Farmers have Right to Protest, but can’t block roads: SC

    The Supreme Court has said farmers protesting at Delhi borders against the three farms laws have the right to agitate but they cannot block roads indefinitely.

    For students with Sociology optional, can someone list the differences between- Dissent, Protest, Agitation and Movement?

    What is Protest?

    • When a group, community, or even a person goes up to protest, it is usually to showcase their disapproval or demur against any action, policy, statement, etc of state or government or any organization.
    • Mostly the flow of protest is driven through political waves that also demonstrate the collective organization of people to make the government or state address their issues and take steps to overcome them.

    Issues with ongoing protest in Delhi

    • The question as to the absolute nature of the right to protest is not even a question in the true sense here.
    • We have seen the vandalism protest at Red Fort last year.
    • Hence the rights mentioned above are subject to reasonable restrictions under 19 (2) and 19 (3) on grounds such as sovereignty and integrity of India, and public order.

    Right to Protest in India

    • The right to protest is the manifestation of three FRs:
    1. Right to Freedom of Assembly
    2. Right to Freedom of Association and
    3. Right to Freedom of Speech
    • The Constitution of India provides the right of freedom, given in Article 19 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution.
    • The Right to protest peacefully is enshrined in Article 19(1) (a) guarantees the freedom of speech and expression; Article 19(1) (b) assures citizens the right to assemble peaceably and without arms.

    In detail: Article 19(1)

    It states that All citizens shall have the right:

    • (a) to freedom of speech and expression;
    • (b) to assemble peaceably and without arms;
    • (c) to form associations or unions;
    • (d) to move freely throughout the territory of India;
    • (e) to reside and settle in any part of the territory of India; and
    • (f) omitted
    • (g) to practice any profession, or to carry on any occupation, trade or business

    Do you know?

    Right to Internet is a fundamental right and is an essential part of freedom of speech and expression. One might get confused if it is an FR under Article 21.

    Reasonable restrictions do exist in practice

    • Fundamental rights do not live in isolation. The right of the protester has to be balanced with the right of the commuter. They have to co-exist in mutual respect.
    • Article 19(2) imposes reasonable restrictions on this.
    • The court held it was entirely the responsibility of the administration to prevent encroachments in public spaces.

    Conclusion

    • Democracy and dissent go hand in hand, but then the demonstrations expressing dissent have to be in designated places alone.
    • The present case was not even one of the protests taking place in an undesignated area but was a blockage of a public way which caused grave inconvenience to commuters.

     

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  • Explained: Election of Deputy Speaker

    There is an ongoing row in Uttar Pradesh Assembly over the election of Dy Speaker, the post which was lying vacant for two years.

    Read each and every bit of this newscard. It can source you many MCQs.

    Constitutional mandate for Deputy Speaker

    • Article 93 talks about the election of Speaker and Deputy Speaker for Lok Sabha and the case for their vacancies.
    • Article 178 contains the corresponding position for Speaker and Deputy Speaker of the Legislative Assembly of a state.

    Is it mandatory under the Constitution to have a Deputy Speaker?

    • Constitutional experts point out that both Articles 93 and 178 use the words “shall” and “as soon as may be”.
    • This indicates that not only is the election of Speaker and Deputy Speaker mandatory, it must be held at the earliest.
    • All that the Constitution says is the election must be held as soon as possible.

    Time-frame and rules for their Election

    • Generally speaking, the practice in both Lok Sabha and the state Legislative Assemblies has been to elect the Speaker during the first session of the new House.
    • This usually falls on the third day after oath-taking and affirmations take place over the first two days.
    • The election of the Deputy Speaker usually takes place in the second session, even though there is no bar on having this election too in the first session.
    • However, the election of Deputy Speaker is generally not delayed beyond the second session without genuine and unavoidable constraints.

    Rules for the elections

    • In Lok Sabha, the election of Deputy Speaker is governed by the Rules of Procedure and Conduct of Business in Lok Sabha.
    • According to the Rule, the election “shall be held on such date as the Speaker may fix”, and the Deputy Speaker is elected once a motion proposing his name is carried.
    • There are similar provisions in the State Legislative Assembly Rules.

    Their tenure

    • Once elected, the Deputy Speaker usually continues in office until the dissolution of the House.
    • Under Article 94 (Article 179 for state legislatures), the Speaker or Dy Speaker “shall vacate his office if (S)he ceases to be a member of the House”.
    • They may also resign (to each other), or “may be removed by a resolution of the House of the People passed by a majority of all the then members of the House”.

    Do the powers of the Speaker extend to the Deputy Speaker as well?

    • Article 95(1) says: While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker.
    • After the first Speaker, G V Mavalankar died, M Ananth Ayyangar officiated as Acting Speaker for the remaining tenure of the House and was then elected Speaker of the second Lok Sabha.
    • There is another such incident.
    • In general, the Deputy Speaker has the same powers as the Speaker when presiding over a sitting of the House.
    • All references to the Speaker in the Rules are deemed to be references to the Deputy Speaker when he presides.
    • It has been repeatedly held that no appeal lies to the Speaker against a ruling given by the Deputy Speaker or any person presiding over a sitting of the House in the absence of the Speaker.

    Note: UPSC has now gone person-specific in these matters. Kindly refer this PYQ:

    Consider the following statements:

    1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
    2. In 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
    3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.

    Which of the statements given above is/are correct? (CSP 2021)

    (a) 1 only

    (b) 2 only

    (c) 1 and 3

    (d) 2 and 3

     

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    Does being Deputy Speaker protect an MP or MLA from the law of disqualification?

    Ans. No- with one specific exemption.

    • The Tenth Schedule says that a person who has been elected Speaker/ Deputy Speaker shall NOT be disqualified if he voluntarily gives up the membership of the political party to which he belonged.
    • This exemption applies to the Rajya Sabha Deputy Chairman, Chairman/ Deputy Chairman of a state Legislative Council, and Speaker/ Deputy Speaker of a state Legislative Assembly as well.

    Can courts intervene in cases of a delay in electing the Deputy Speaker?

    • In general, the courts do not intervene in the procedural conduct of Parliament.
    • Article 122(1) says: The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.
    • A petition before the Delhi High Court has argued that the delay in the election of the Lok Sabha Deputy Speaker violates Article 93 of the Constitution.
    • There is no precedent of a court forcing the legislature to elect the Deputy Speaker.
    • However, the courts do have jurisdiction to at least enquire why there has been no election to the post of Deputy Speaker since the Constitution does envisage an election “as soon as maybe”.

     

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  • Government asks Supreme Court to set norms for quota in promotions

    The Union government has urged the Supreme Court to do away with the requirement of collecting quantifiable data by the Centre and states to determine the representation of people belonging to Scheduled Castes (SCs) and Scheduled Tribes (STs) while implementing reservation in promotion.

    Supreme Court directive on Quota in Promotions

    Background

    • The top court has called it “disturbing” that the Union government did not discontinue reservation in promotion for people belonging to SC/STs.
    • It referred to their numbers exceeded the upper ceiling of 15% and 7.5% respectively, of positions in some classes of central government jobs.

    Quota in Promotions: A timeline

    What was the case?

    • The Union government has been pressing for reservation in promotion proportionate to the population of SCs and STs as per a 1995 judgment by the top court in the RK Sabharwal case.
    • It wants it to be left open to the Centre and states to decide on promotional avenues for SCs and STs.
    • It claims that the condition regarding collection of quantifiable data to show inadequacy of representation of SCs/STs is “vague”.
    • Advocates representing general category have contended that the reservation cannot be for an indefinite period and that it must stop as soon as the upper ceiling has been reached.
    • Further, they have emphasised that reservation in promotion should be cadre-based only after quantifiable data is collected and the creamy layer has been excluded.

    Defying the need for quantifiable data

    • Attorney General sought to convince the court that the roster system, based on the proportionate population of SCs/STs, has been working quite well in all government departments.
    • The condition of collecting quantifiable data on inadequacy of representation of SCs/STs may not be required at all.
    • He urged that there is no need to verify any further or collect quantifiable data after the roster system.

    Referring to the Nagraj Case

    • Article 16(4A) of Indian Constitution allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.
    • In 2006, a Constitution bench’s ruling in the M Nagaraj case made it incumbent upon the state to collect quantifiable data showing inadequacy of representation in public employment.
    • This was to be done in addition to maintaining overall administrative efficiency.

    Why such demand by the Centre?

    • The Attorney General has said that it is tough for a member of the SC/ST to reach the ‘Group A’ category jobs.
    • The time has come for the apex court to firm up and draw the basis for reservation in promotions for SC/ST candidates to fill up vacancies in top jobs.
    • The Bench referred to records filed before it to note that there was low representation of SC/ST category in Group A jobs.
    • Instead of improving the situation in the Group A ranks, the court said, efforts are on to ensure adequate representation in Groups B and C. This was not fair, it remarked.

    Must read:

    [Burning Issue] SC judgement on Reservation not being a Fundamental Right

     

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  • political parties in India

    Context

    Making them constitutional will ensure in-party democracy, make them transparent, and de-communalise them.

    Significance of political parties in democracy

    • A political party is an organised group of citizens who hold common views on governance and act as a political unit that seeks to obtain control of government with a view to further the agenda and policy they profess.
    •  Political parties maintain a continuous connection between the people and those who represent them either in government or in the opposition.
    • Political parties in India are extra-constitutional, but they are the breathing air of the political system.

    U.S. and U.K. model

    • No constitutional status: The American Constitution does not presume the existence of political parties.
    • In Britain too, political parties are still unknown to the law.
    • Political parties in developed nations maintain high levels of internal democracy.
    • In the U.K., the Conservative Party has the National Conservative Convention as its top body.
    • It has a Central Council and an Executive Committee.
    • The Central Council elects its President, a Chairman and Vice Chairmen at its annual meeting.
    • It also elects an Executive Committee which meets once a month.
    • In the U.S., both the Democratic and the Republican Party have the National Committee as their top decision-making body.
    • The National Committee plays an important role in the presidential election and agenda-setting.

    Issues with Indian model

    • No constitutional status: The Indian Constitution is the one of the longest Constitutions in the world.
    • It is astonishing that such a meticulous Constitution overlooked political parties, the vital players in the political system, for constitutional regulation.
    • Section 29A(5) of the Representation of the People Act, 1951 is the only major statutory provision dealing with political parties in India.
    • Most of the parties are openly caste- or religious-based.
    • Their finances are dubious and opaque.
    • Almost all the parties — the Rashtriya Janata Dal, the Samajwadi Party, the All India Majlis-e-Ittehadul Muslimeen, the Indian Union Muslim League, etc. — are family fiefdoms.
    • There are no periodical in-party elections in Indian parties except in a few like the CPI(M).

    Should India follow the German model?

    • The Basic Law of the Federal Republic of Germany (1949) gives constitutional status to political parties.
    • Article 21 of the Basic Law deals with their status, rights, duties and functions.
    • It provides: Political parties shall participate in the formation of the political will of the people.
    • Under it, parties must publicly account for their assets and for the sources and use of their funds.
    • It also provides that parties that seek to undermine or abolish the free democratic basic order or to endanger the existence of the Federal Republic of Germany shall be unconstitutional.
    • Constitution also provides that details shall be regulated by federal laws.
    • The German model of constitutionalising political parties is more desirable for India than the U.S. and the U.K. models.

    Consider the question “Do you agree with the view that making political parties constitutional will help deal with the many ills political parties in India suffer from? Suggest the alternative model.”

    Conclusion

    It is high time to constitutionalise political parties to ensure in-party democracy, to impart transparency in their finances, and to de-communalise them.

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