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Subject: Fundamental Rights,DPSP

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

  • Issues related to Urban local bodies

    The inability of ULBs’ to raise revenue

    • Although it is envisaged that municipal revenue should be 1% of GDP, between 2010 and 2018 revenues declined from 0.48% to 0.43%.
    • As against the municipal revenue of Rs 4,624 per capita, own-source revenue was only Rs 1,975 in 2018 (ICRIER, 2019).
    • This affects the low-levels of municipal services and translates into salary delays for employees.

    8-way strategy to increase the revenue of ULBs

    1) Increasing the property tax base

    • In India, property taxes only account for 0.15% of GDP, whereas in developing economies they account for 0.6% and the global average is 1.04%.
    • To double the property tax collection the property tax base needs to be expanded using GIS mapping, cross-checking with building licenses, ration cards, mutations, electricity/gas accounts, and review of exemptions.
    • This also needs to cover government properties as per GoI circular 2009 and the SC judgment in Rajkot Corporation vs Railways.
    • Similarly, rates need revision in the guiding value for rent or unit area; for instance, in Delhi, rates are fairly low.
    • The collection process needs to be automated too.
    • ABC (Always best Control) analysis should be done to target the top 10-20% properties, and measures such as attaching bank accounts must be implemented.

    2) Upward revision of various fees

    • The value capture taxes need to include upward revision of building license fee and new sources like impact fee, as imposed in Telangana, exactions, and betterment levy like the one imposed in Gujarat.

    3) Levy advertisement fee

    • An advertisement fee needs to be levied.
    • Thiruvananthapuram listed the sites and plugged leakages for 33,170 unauthorized boards to double its income from 2018 to 2019.
    • South Delhi MC has achieved a three-time increase with revision of rates in a ratio of 1:8 as per location and by dividing the city into clusters.

    4) Local fee

    • Local fee/charges also have immense potential such as (i) recovery on user charges (water, etc) which is only 20% (ii) right of way from gas/electricity and fiber optic lines, (ii) cell tower, (iii) leasing electricity poles, etc.

    5) Participatory funding

    • The potential of participatory funding (private sector, CSR, and local community) needs to be tapped.
    • This has been done by Bengaluru, Ahmedabad, Mathura (Hybrid Annuity project), Indore, and Pune.

    6) Special attention for assigning and activating the fiscal instrument

    • Sixth, small and medium-sized municipal bodies need special attention for assigning and activating fiscal instruments.
    • Better mobilization of own sources may also lead to revenue account surplus.
    • This has been achieved in Ahmedabad, Pune, etc and it also enables access to the capital market.

    7) Revision of Article 243X

    • Article 243X needs suitable revision to allow larger inclusion of fiscal instruments above within the scope of a municipality’s own sources.

    8) Creating ULBs as per MoHUA’s advisory

    • Over 3,000 census towns not having city government need special attention to create ULBs in line with MoHUA’s advisory in 2016.
    • It will create an innovative and effective financing framework for sustainable urban development.

    Conclusion

    Financially strong local bodies hold the key to the development of the country. The steps mentioned here needs to be implemented effectively to make the ULBs financially strong.

    Source:-

    https://www.financialexpress.com/opinion/bolster-ulbs-capacity-to-raise-revenue/2157171/

  • Declining seating of the state legislature and issues with it.

    Recently, Governor turned down the recommendation of the Kerala government to convene the session of the state legislature. It also points to the trend of declining seating of the state legislature and issues with it.

    Governor-Government conflict

    • The Kerala government made a recommendation to the governor for summoning the state’s legislature for a one-day session.
    • The government wanted to discuss the situation arising out of the farmers’ protest in the legislative assembly.
    • Media reports suggest that the governor turned down the government on the grounds that there is no emergent situation for which the state assembly should be called to meet at short notice.
    • Earlier this year, the Rajasthan governor had rejected the recommendation of the government to call a session.
    • The chief minister wanted a session of the legislature called so that he could prove his majority on the floor of the house.

    Constitutional provisions

    • The Constitution is clear: The government has the power to convene a session of the legislature.
    • The council of ministers decides the dates and the duration of the session.
    • Their decision is communicated to the governor, who is constitutionally bound to act on most matters on the aid and advice of the government.
    • The governor then summons the state legislature to meet for a session.
    • The refusal of a governor to do so is a matter of concern.

    Declining sittings of the state legislature

    • In the last 20 years, state assemblies across the country, on average, met for less than 30 days in a year.
    • But states like Kerala, Odisha, Karnataka are an exception.
    • The Kerala Vidhan Sabha, for example, has on average met for 50 days every year for the last 10 years.
    • The trend across the country is that legislatures meet for longer budget sessions at the beginning of the year.
    • Then for the rest of the year, they meet to fulfill the constitutional requirement that there should not be a gap of six months between two sessions.

    Why is it a matter of concern

    • Close scrutiny: Continuous and close scrutiny by legislatures is central to improving governance in the country.
    • Voice to public opinion: Legislatures are arenas for debate and giving voice to public opinion.
    • Accountability institutions: As accountability institutions, they are responsible for asking tough questions of the government and highlighting uncomfortable truths. So, it is in the interest of a state government to convene lesser sittings of the legislature and bypass their scrutiny.
    • Prevent ordinance: Lesser number of sitting days also means that state governments are free to make laws through ordinances. And when they convene legislatures, there is little time for MLAs to scrutinize laws brought before them.

    Way forward

    • Convening legislatures to meet all around the year.
    • In many mature democracies, a fixed calendar of sittings of legislatures, with breaks in between, is announced at the beginning of the year.
    • It allows the government to plan its calendar for bringing in new laws.
    • It also has the advantage of increasing the time for debate and discussion in the legislative assembly.
    • And with the legislature sitting throughout the year, it gets rid of the politics surrounding the convening of sessions of a legislature.

    Conclusion

    Continuous and close scrutiny by legislatures is central to improving governance in the country. Increasing the number of working days for state legislatures is a first step in increasing their effectiveness.

  • Key lesson from farmers’ protest

    A key lesson from the farmers’ opposition to the farm laws is that following the parliamentary procedure in the passage of legislation always pays dividend more so if the changes introduced by the legislation bring substantial changes. 

    Vested interests resulting in opposition to legislation

    • There are strong indications that the new legislation is desirable and will bring in much-needed market reforms in the overregulated farm sector.
    • There is no contrary evidence that the new proposals will adversely affect farmers in the long run.
    • There is no justification for a minimum support price regardless of demand and supply.
    • Legislation that benefits the nation but hurts vested interests will always meet with vehement opposition.

    How liberalisation helps: Lessons from non-agricultural sector

    • The benefits of liberalising the non-agricultural sector of the economy in 1991 established that market forces cannot be ignored.
    • For the first 30 years, under the Essential Commodities Act, 1955, several control orders were passed.
    • Orders under ECA were passed on products such as cement and steel, and these were intended to ensure their availability at fair prices.
    • The result was just the opposite: Severe shortages, a huge black market and massive corruption.
    • Equally disastrous were laws relating to monopolies and industrial development.

    Importance of parliamentary procedures

    • At the heart of a constitutional democracy based on the Westminster model is the importance of Parliament, which is the fountainhead of all laws.
    • But, Parliament includes the Opposition as well and even though a bill may be certain to become the law, it is necessary that the established procedure is followed.
    • In the face of opposition to the farm laws, it is necessary that the benefits of a new law are demonstrated through debate and discussion.
    • There must be empirical or other evidence that shows the deleterious economic consequences of continuing with the status quo.
    • As the farm bills marked a radical departure from the existing system of selling agricultural produce, the least that could have been done was to refer them to a Select Committee.
    • It is a matter of concern that fewer and fewer bills are being referred to Select Committees or even deliberated upon.
    • While 71 per cent of the bills were referred to a Select Committee in the 15th Lok Sabha (2009-14), only 25 per cent were so referred in the 16th Lok Sabha (2014-19).

    Way forward

    • A new law can always come into force at a later date and can even be made applicable piecemeal.
    • It is also possible to notify it to apply to select states or districts.
    • If laws are likely to meet with opposition by vested interests, the best way to demonstrate their beneficial effects is to implement the laws in select states or districts for a year. 
    • It is worthwhile considering the implementation of a controversial law on a trial basis.

    Consider the question “Describe the important role played by the Select Committee in the passage of the bill. Why the decline in the number of bills referred to the Select Committees is the matter of concern?” 

    Conclusion

    The biggest lesson for the goverment is that following constitutional conventions always pays dividends — it benefits the nation and preserves the dignity of Parliament.

  • Plea in SC against 1975-77 Emergency

    The Supreme Court agreed to look into whether it should examine the constitutionality of the proclamation of National Emergency in 1975 by the then Indira Gandhi-led government.

    Q.Discuss how the imposition of National Emergency under Art. 352 of the Constitution seek to change India’s federal character.

    What is the issue?

    • A 94-year old lady is seeking compensation for the loss she suffered due to the proclamation of emergency.
    • Petitioner has claimed that a number of her immovable properties were illegally occupied for their activities during the Emergency.
    • A bench of the Supreme Court has agreed to examine if the court could examine whether the proclamation of Emergency was constitutional.
    • The court was hesitant to take up the issue as 45 years have passed since the declaration of Emergency and examining such an issue on merits now could be a cumbersome process.

    What is a National Emergency?

    • A national emergency can be declared on the basis of “external aggression or war” and “internal disturbance” in the whole of India or a part of its territory under Article 352.
    • Such an emergency was declared in India in 1962 war (China war), 1971 war (Pakistan war), and 1975 internal disturbance (declared by Indira Gandhi).
    • But after the 44th amendment act 1978 added the provision for Internal Emergency.
    • The President can declare such an emergency only on the basis of a written request by the Cabinet headed by the Prime Minister.

    The 1975 Emergency

    • On June 12, 1975, the Allahabad High Court had declared the election of then PM Indira Gandhi as null and void.
    • Following the court decision, Gandhi moved the Supreme Court and stayed the high court’s decision allowing her to remain as PM while limiting her right to vote in the parliament till the appeal was decided.
    • Following an opposition rally for the resignation of Indira Gandhi, she made a decision to impose a national Emergency which would give the central government sweeping powers.
    • On June 25, 1975, then President Fakhruddin Ali Ahmed relying on Article 352 of the Constitution declared a national emergency in the country.

    What happened after the proclamation of Emergency?

    • From media censorship, suspension of civil liberties and attempts to fundamentally change the Constitution to suit the government, the Emergency is remembered as a dark period in India’s democracy.
    • The 38th- 42nd Constitutional amendments were passed during the Emergency which led to a tussle between the executive and the judiciary that gave the Parliament a power to amend the Constitution.
    • Many of these changes were either overturned by courts or were reversed in the 44th Constitutional amendment in 1978 which was brought in after the Janata government was voted to power.

    Series of Amendments

    • Through the 38th Constitutional Amendment, Gandhi sought to expand the power of the President and barred judicial review of the proclamation of Emergency.
    • The 39th amendment was intended to nullify the effect of the Allahabad High Court ruling that declared Gandhi’s election as null and void.
    • The amendment placed any dispute to the election to the office of the Prime Minister, President beyond the scope of judicial review.
    • The 40th amendment placed crucial land reforms in the Ninth schedule, beyond the scope of judicial review.
    • The 41st Amendment said no criminal proceedings “whatsoever” could lie against a President, Prime Minister, or Governor for acts before or during their terms of office.
    • In the 42nd amendment, the Parliament expanded its powers to amend the Constitution, even its ‘basic structure’ and curtail any fundamental rights.

    The 44th Amendment

    • Through the 43rd and 44th amendments, many of the amendments made during the Emergency were withdrawn.
    • Article 352- the provisions relating to Emergency itself was strengthened to prevent misuse by the executive.

  • Back in news: Right to Protest

    The Supreme Court has that said farmers have a constitutional right to continue with their “absolutely perfect” protest as long as their dissent against the three controversial agricultural laws did not slip into violence.

    Q.It is the abundant duty of the State to aid and limit the exercise of Right to Protest peacefully. Examine.

    Right to Protest

    • The right to protest is the manifestation of the right to freedom of assembly, the right to freedom of association, and the 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.
    • Article 19(2) imposes reasonable restrictions on the right to assemble peaceably and without arms.

    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.
    • The court held it was entirely the responsibility of the administration to prevent encroachments in public spaces.
    • 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.

  • Delimitation should be based on 2031 Census

    A paper released by the Pranab Mukherjee Foundation (PMF) has suggested that the next delimitation exercise should be a two-step process:

    1. First a Delimitation Commission should be set up to redraw boundaries of constituencies on the basis of the 2031 Census
    2. And then a State Reorganization Act be passed to split States into smaller ones

    Q.With the new Parliament House, the role of the Presiding officers of the Houses is going to be more challenging. Discuss, how.

    Back in news

    • PM recently inaugurated a brand new Parliament Annexe building that will afford our lawmakers more space and enable better functioning.
    • In a few years from now, we might actually need a new building for Parliament altogether due to the likely increase in a number of seats in both Houses after the lifting of the freeze imposed by the 42nd Constitutional Amendment Act, 1976, which is due in 2026.

    What is Delimitation? Why is it needed?

    • Delimitation is the act of redrawing boundaries of Lok Sabha and state Assembly seats to represent changes in population.
    • In this process, the number of seats allocated to different states in Lok Sabha and the total number seats in a Legislative Assembly may also change.
    • The main objective of delimitation is to provide equal representation to equal segments of a population.
    • It also aims at a fair division of geographical areas so that one political party doesn’t have an advantage over others in an election.

    Why such debate?

    • The 84th Amendment to the Constitution in 2002 had put a freeze on the delimitation of Lok Sabha and State Assembly constituencies till the first Census after 2026.
    • While the current boundaries were drawn on the basis of the 2001 Census, the number of Lok Sabha seats and State Assembly seats remained frozen on the basis of the 1971 Census.
    • The population according to the last census preceding the freeze was 50 crore, which in 50 years has grown to 130 crores.
    • This has caused a massive asymmetry in the political representation in the country.

    Why there are fewer delimitations?

    • The Constitution mandates that the number of Lok Sabha seats allotted to a state would be such that the ratio between that number and the population of the state is, as far as practicable, the same for all states.
    • Although unintended, this provision implied that states that took little interest in population control could end up with a greater number of seats in Parliament.
    • The southern states that promoted family planning faced the possibility of having their seats reduced.
    • To allay these fears, the Constitution was amended during Indira Gandhi’s Emergency rule in 1976 to suspend delimitation until 2001.
    • Despite the embargo, there were a few occasions that called for readjustment in the number of Parliament and Assembly seats allocated to a state.

    Background

    • According to Article 81 of the Constitution — as it stood before the 42nd CAA 1976 — the Lok Sabha was to comprise of not more than 550 members.
    • Clause (2) of Article 81 provided that there shall be allotted to each State a number of MPs in such manner that the ratio between that number and the population of the State is the same for all States.
    • Further, clause (3) defined the expression “population” for the purposes of Article 81 to mean the population as ascertained at the last preceding census of which the relevant figures have been published.

    Dilemma over delimitation

    • States which took a lead in population control faced the prospect of their number of seats getting reduced and States which had higher population figures stood to gain by increase in the number of seats in Lok Sabha.
    • As a result of the freezing of the allocation of seats, the allocation done on the basis of the 1971 Census continues to hold good for the present population figures.
    • According to the 2011 Census, the population of our country stands at 121 crores with a registered electorate of 83.41 crores.
    • Basing the 1971 Census figure of 54.81 crores to represent today’s population presents a distorted version of our democratic polity and is contrary to what is mandated under Article 81 of the Constitution.
    • So when the first Census figure will be available after 2026 — that is, in 2031 — a fresh delimitation will have to do which will dramatically alter the present arrangement of seat allocation to the States in Parliament.

    Acquainting more MPs: A big challenge

    • One question that has to be addressed is how the Presiding Officers of the Houses/Legislatures will deal with such a large number of members to capture the attention of the Speaker to raise issues in the House.
    • Even with the current strength of 543 members, the Speaker finds it extremely difficult to conduct the proceedings of the House.
    • Members do not show much heed to the appeals of the Speaker, thereby making smooth conduct of House proceedings a difficult affair.
    • The Speaker’s directions and rulings are not shown proper respect, and disruptions of proceedings aggravate the problem.
    • The sudden increase in numbers will render the task of the Speaker more difficult and onerous.

    Conclusion

    • While 2026 is still a few years away. But we need to be clear on how to deal with the problems that are likely to arise, we will be forced to postpone the lifting of the freeze to a future date as was done in 2001.
    • This will only postpone the problem for which we must find a solution sooner or later.
    • Even the various proposals for electoral reforms which have been recommended by various Commissions over the past decade do not address these issues.
    • These are challenges which our political leaders have to address in the immediate future.

  • Factors sustaining federalism in India

    The article analyses the various factor that helped in sustaining the federal structure in India.

    Flexible federalism

    • The Indian Constitution was designed to be opportunistic about federalism.
    • As BR Ambedkar had put it, “India’s Draft Constitution can be both unitary as well as federal according to the requirements of time and circumstances.”
    • This flexible federalism is still the default common sense of Indian politics.
    • The concerns about security, state-building, and economic development are always given preference over the idea of federalism.

    4 factors sustaining federalism in India

    1) Linguistic and cultural diversity in India

    • The first was a genuine concern about whether a centralised state could accommodate India’s linguistic and cultural diversity.
    • The States Reorganisation Act and the compromises on the issue of languages was a victory for federalism.
    • It allowed India to use federalism to accommodate linguistic diversity.
    • So long as regional linguistic identities are not threatened there is no natural source of resistance to centralisation.

    2) Distribution of political power

    • The rise of coalition governments, economic liberalisation, regional parties, seemed to provide a basis for political federalism.
    • Political federalism is quite compatible with financial, and administrative centralisation.
    • Fragmentation of power effectively meant was that each state could bargain for certain things, or very strong leaders could veto central proposals.
    • However, it is striking that the period of fragmented power, strong chief ministers, didn’t act to strengthen the institutions of federalism.

    3) Political and institutional culture

    • The third thing that sustains federalism is the political and institutional culture.
    • But the culture of political parties ruling at the Centre was committed to the most extreme interpretation of flexible federalism, including procedural impropriety to oust opponents.
    • Because of the increasing presidentialisation of national politics, the attribution of policy successes or failures might change, diminishing the stature of chief ministers considerably.
    • The other source of institutional culture might be the Supreme Court.
    • There was mostly a bi-partisan consensus on honouring the technical recommendations of institutions like the Finance Commission.

    4) Asymmetrical federalism

    • The fourth thing that sustained federalism was “asymmetrical federalism” — special exemptions given to various states.
    • But asymmetrical federalism has always been subject to three pressures.
    • For Kashmir, asymmetrical federalism came to be seen as the source, not the resolution, of the security threat.
    • Even in the North-east, local conflicts within the scheme of asymmetrical federalism and discourse of security allowed the Centre to step in.
    • And increasingly, there will be pressure on the question: Which laws under asymmetrical federalism are compatible with Article 14 of the Indian Constitution?

    GST and Decentralisation in states

    • The most far-reaching change in the Indian Constitution on federalism was GST.
    • It does increase centralisation in the system.
    • But it is a product of the cooperation of the states, who still have a significant role in shaping it.
    • The states did push back against the possibility of the Centre reneging on its commitment on payments.
    • Most states are reluctant to honour more decentralisation within, to rural and urban bodies.
    • The Centre disproportionately controls resources in India; but very few states have shown a zeal to increase their own financial headroom by utilising whatever powers they might have on taxation.

    Consider the question “How federalism in India is different from the U.S.? What are the factors responsible for its sustenance in India?”

    Conclusion

    The flexible federalism will be bent in all kinds of ways. But it is important to remember that this mess is not a product of Centre versus states. It has been co-produced by a political culture in both Centre and the states.

  • Personal choices, the Constitution’s endurance

    The order delivered by the Allahabad High Court underlines the most cherished values of our Constitution. The order examines the scope of individual choice and personal liberty on the touchstone of constitutional values.

    Background

    • The Allahabad High Court declared last month that religious conversions, even when made solely for the purposes of marriage, constituted a valid exercise of a person’s liberties.
    • The petitioners had approached the High Court seeking orders to quash a First Information Report (FIR) that was lodged against them.
    • The petitioners claimed that they were both adults competent to contract a marriage, and had, in fact, wedded in August 2019, as per Muslim rites and ceremonies, only after the girl had converted to Islam.
    • The State argued that petitioner’s partnership had no sanctity in the law, because a conversion with a singular aim of getting married was illegitimate.
    • In making this argument, the government relied on a pair of judgments of the Allahabad High Court, in particular on the judgment in Noor Jahan v. State of U.P. (2014).
    • There, the High Court had held that a conversion by an individual to Islam was valid only when it was predicated on a “change of heart” and on an “honest conviction” in the tenets of the newly adopted religion.
    • Additionally, the High Court had ruled that the burden to prove the validity of a conversion was on the party professing the act.

    Major takeaways from the High Court order

    • The Allahabad High Courtruled that the freedom to live with a person of one’s choice is intrinsic to the fundamental right to life and personal liberty.
    • It order recognises that a person’s freedom is not conditional on the caste, creed or religion that her partner might claim to profess.
    • And also that every person had an equal dominion over their own senses of conscience.
    • The High Court’s order makes it clear that it is neither the province of the state nor any other individual to interfere with a person’s choice of partner or faith.
    • By invoking the Supreme Court’s judgment in Puttaswamy, the High Court held that an individual’s ability to control vital aspects of her life inheres in her right to privacy.
    • Term privacy includes the preservation of decisional autonomy, on matters, among other things, of “personal intimacies, the sanctity of family life, marriage, procreation, the home, and sexual orientation”.
    •  It Court that the judgment in Noor Jahan was incorrectly delivered.
    • Marriage, the High Court said, is a matter of choice, and every adult woman has a fundamental right to choose her own partner. 

    Freedom of conscience under Article 25

    • Article 25 of the Constitution expressly protects the choices that individuals make.
    • In addition to the right freely to profess, practise and propagate religion, it guarantees to every person the freedom of conscience.
    • The idea of protecting one’s freedom of conscience goes beyond mere considerations of religious faith.

    Conclusion

    When we fail to acknowledge and respect the most intimate and personal choices that people make — choices of faith and belief, choices of partners — we undermine the most basic principles of dignity. Our Constitution’s endurance depends on our ability to respect these decisions, to grant to every person an equal freedom of conscience.

  • UP Law against Forceful Inter-Faith Marriage and Conversions

    The UP Cabinet has cleared a draft ordinance against forceful inter-faith conversions for marriage, amid similar steps by other states.

    Try this question:

    Q. In a world where religiosity is rising, the contemporary liberal ideas seem outdated and incapable of handling dangerous issues of religious bigotry. Critically comment.

    What is the proposed UP law on ‘love jihad’?

    • The proposed law defines punishment and fine for three different cases.
    1. Conversion done though “misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means” would face jail term of one to 5 years, and a minimum fine of Rs 15,000.
    2. Conversion of a minor, a woman from the SC or ST would have to face a jail term from three to 10 years, with a minimum fine of Rs 25,000.
    3. If such conversion is found at the mass level, then those guilty would face jail term from three to 10 years, with a minimum fine of Rs 50,000.
    • It proposes among other things that a marriage will be declared “shunya” (null and void) if the “sole intention” of the same is to “change a girl’s religion”.

    Who can convert and how can they do it under the proposed law?

    • Under the new proposed law, anyone wanting to convert into another religion would have to give it in writing to the District Magistrate at least two months in advance.
    • The government is supposed to prepare a format for the application and the individual has to fill the application for conversion in that format.
    • However, under the new law, it would be the responsibility of the one going for the religious conversion to prove that it is not taking place forcefully or with any fraudulent means.
    • In case, any violation is found under this provision, then one faces a jail term from 6 months to 3 years and fine of minimum Rs 10,000.

    Need for such law

    • The state of UP is witnessing rising incidents of forced religious conversions or conversions through fraudulent ways.
    • The extreme right wing politicians in the state were quiet vocal against alleged religious conversions.
    • There are cases of being allegedly lured and honey-trapped by men and those girls now seeking their help to free themselves.

    Interfaith marriages and the Constitution

    • The right to marry a person of one’s choice is a guarantee under Article 21.
    • At the same time, freedom of conscience, the practice and propagation of a religion of one’s choice, including not following any religion, are guaranteed under Article 25.
    • One set of rights cannot invalidate the other.

    What do critics say?

    • Such law to regulate matrimonial relationships between two consenting adults is simply against the constitutional guarantees.
    • The right to marry a person of one’s choice flows from the freedom of individuality, naturally available to any individual.
    • Hence, interfaith marriages and religious conversions should not be the matter of concern for social watchdogs.
    • Hence, the mere statement of two consenting adults about the existence of their matrimonial relation is sufficient.

  • Importance of constitutional and public morality in democracy

    Democracy has evolved in many ways with time. The article examines its evolution in the Indian context.

    Historical background of democracy

    • In recorded history, the Greeks were the first to experiment with models of government.
    • There were monarchies, oligarchies and democracies among the Greek city-states of the 5th Century BCE.
    • Aristotle wrote that while monarchies were for the benefit of the monarchs and oligarchies for the benefit of men with means, democracies were for the benefit of men without means.
    • Democracy has travelled a long way from those times.
    • In the world’s successful democracies like the US, UK and India, there is a fine balance between the elected and non-elected institutions with enough safeguards.

    How democracy worked in India

    • There was much scepticism about the idea of universal adult franchise during the making of the Indian Constitution.
    • But Rajendra Prasad assured the Assembly’s members about the raw political wisdom of the average Indian as also the strength of the other institutions to safeguard the democratic process.
    • However, the infamous Emergency exposed the flaws in Indian democracy.

    Gandhiji’s and B R Ambedkar’s approach

    • Mahatma Gandhi was not a big admirer of the parliamentary system.
    • Gandhi’s view was that in the British system, the parliament works only for partisan interest — and not for the national interest.
    • He wrote in Harijan in January 1937 that by political independence he meant system suitable to Indian context i.e. Ram Rajya — sovereignty of the people based on pure moral authority.
    • B R Ambedkar too described democracy in India as “only a top-dressing” on an Indian soil “which is essentially undemocratic”.
    • He underscored the importance of social democracy for the success of political democracy.
    • Gandhi was referring to the tyranny of the British rule and Ambedkar was responding to the oppressive caste system.
    • Neither was against democracy, but both were against the idea of “majoritarian rule”.
    • For Gandhi, democracy meant the weak getting the same chance as the strong.
    • For Ambedkar, it was about giving voice to the voiceless.
    • For democracies to succeed, both believed that the parliamentary majorities need to be restrained through constitutional ethics and public morality.
    • Constitutional ethics is about leaders respecting constitutional order, conventions and institutions.
    • Gandhi’s greater emphasis was on public morality.
    • He insisted that for India’s democracy to succeed, the Congress should convert itself into a lok sevak sangh and work at the grassroots level.

    Consider the question “Public morality and unelected institution are necessary checks on the elected government not inimical to it. Comment.”

    Conclusion

    India’s democracy, as envisaged by the makers of its Constitution, thrived essentially because of the respect of the leaders for ethical constitutionalism and moral activism of the grassroots activists. Neither should see the other as an enemy and try to bring them down.