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Subject: Polity

  • Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional Provisions and case laws.

    Gender justice implies ensuring equality, dignity, and non-discrimination for women genders in political, social, and economic spheres.

    As per UN Women, gender justice entails ending the inequalities between women and men that are produced and reproduced in the family, the community, the market and the state.

    Constitutional Provisions

    Articles 14, 15, 16 – Equality before law, prohibition of gender discrimination, equal opportunities in employment.

    Article 21 – Right to life with dignity, bodily autonomy, and reproductive choice.

    Articles 39(a), 39(d), 42 – Equal pay for equal work, maternity relief, humane conditions of work.

    73rd & 74th Amendments – 33% reservation for women in Panchayati Raj and urban local bodies.

    Articles 23 & 24 – Prohibition of trafficking of women and child labour.

    Article 51A(e) – Fundamental duty to renounce practices derogatory to women’s dignity.

    Case Laws

    Air India v. Nargesh Mirza (1981) – Struck down discriminatory service rules against women employees.

    Anuj Garg v. Hotel Association (2008) – Invalidated law barring women from working in bars as stereotypical.

    Vishaka v. State of Rajasthan (1997) – Laid down sexual harassment guidelines at workplace.

    Joseph Shine v. UOI (2018) – Struck down adultery law as discriminatory.

    Rajesh Kumar Gupta v. State of UP (2005) – Upheld reservation for women in teacher recruitment.

    Laxmi v. Union of India (2014) – Guidelines for acid attack victims’ compensation.

    Independent Thought v. UOI (2017) – Criminalised marital rape of girls aged 15-18.

    Shah Bano Case (1985) – Muslim woman’s right to maintenance upheld.

    Shayara Bano v. UOI (2017) – Instant triple talaq declared unconstitutional.

    Indian Young Lawyers Assn. v. State of Kerala (2018) – Sabarimala judgment ensured women’s entry into temples.

    Challenges

    Patriarchal Mindset – Eg- khap Panchayats

    Implementation Gap – Eg- Beti Bachao Beti Padhao

    Violence Against Women – Rising cases of domestic violence, acid attacks, honour killings.

    Intersectional Discrimination – Dalit, tribal, and minority women face compounded marginalisation.

    Way Forward for Gender Justice–

    Effective Implementation – Strict monitoring of laws like POSH Act, Dowry Prohibition Act, and POCSO.

    Judicial Responsiveness – Fast-track courts and gender-sensitive training for judges.

    Bibipur Model (Haryana) naming streets after daughters to promote recognition.

    Digital Empowerment – Tamil Nadu’s Agal Vilakku to address cyberbullying and online harassment.

    “I measure the progress of a community by the degree of progress which women have achieved.” – Ambedkar

    Salient Features – Preamble to Emergency

  • Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid 1990s.

    Article 356 empowers the Union to impose President’s Rule in a State when the constitutional machinery fails. Between 1950-1990, it was invoked over 90 times. However, since the mid-1990s, its frequency has declined.

    Grounds of Imposition of President’s Rule

    Article 355 – Union’s duty to protect States and ensure constitutional governance.

    Article 356 – President’s Rule if State govt. cannot be carried on as per Constitution (based on Governor’s report or otherwise).

    Article 365 – If the State fails to comply with Union directions, the President may hold constitutional machinery has failed.

    Legal Factors

    The 38th Amendment (1975) made President’s Rule immune from judicial review, but the 44th Amendment (1978) reversed this, restoring judicial scrutiny.

    S.R. Bommai v. Union of India (1994) Guidelines

    Judicial Review – Proclamation under Article 356 subject to court scrutiny.

    Floor Test Rule – Majority to be tested on the floor of the House, not decided by Governor/President.

    Limits on Dissolution – Assembly cannot be dissolved before Parliament approves President’s Rule.

    Non-Arbitrariness – Political differences or administrative failures do not justify dismissal.

    Basic Structure Check – Federalism held as part of the Basic Structure; arbitrary use of Article 356 violates it.

    Subsequent Judicial Oversight – SC interventions in Uttarakhand (2016) and Arunachal Pradesh (2016) reinstated governments, reinforcing judicial limits on Centre’s power.

    Evolving Constitutional Conventions – Growing acceptance that President’s Rule is an exceptional remedy of last resort.

    Political Factors

    Rise of Coalition Politics (Post-1990s) – NDA, UPA and regional coalitions ensured that Centre relied on States for stability, reducing incentive for dismissals.

    Rise of Regional Parties – Strong regional satraps made dismissal politically costly, pushing Union towards consensus-based federalism.

    LPG Reforms (1991 onwards) shifted focus from political control to economic autonomy of states. Eg – 14th Finance Commission (2015) increased States’ share of divisible tax pool from 32% to 42%, strengthening fiscal federalism.

    Maturation of Federal Culture – Growth of cooperative federal institutions (Inter-State Council, GST Council, NITI Aayog) created forums for resolving Centre-State disputes outside coercive measures.

    Stable Majority Governments in States – As governance matured, strong state leadership and regional mandates reduced chances of political instability being exploited by the Union.

    Active Role of President – In 1997, President K.R. Narayanan returned the Cabinet’s recommendation for President’s Rule in Uttar Pradesh.

    Integrity of Governors – In 1990-91, Governor Surjit Singh Barnala refused Centre’s directive to recommend President’s Rule in Tamil Nadu.

    Though the frequency of Article 356 has reduced, instances like Maharashtra (2019) show it is still misused. Thus, the way forward is

    Punchhi Commission

    Localized use of Article 356 – applicable to a district or part of a district, not the whole State.

    Emergency duration should be limited to 3 months only.

    Sarkaria Commission

    Last resort – Invoke Article 356 only when all alternatives fail.

    Prior warning to the State and exploration of alternate solutions required.

    Proclamation must state material facts, ensuring Parliamentary control.

    Governor’s report should be a speaking document with wide publicity.

    Obtain State’s explanation before action.

    Federalism

  • Explain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect the accommodative spirit of federalism?

    The 101st Constitutional Amendment Act, 2016 introduced the Goods and Services Tax (GST) with effect from July 1, 2017. It was a landmark tax reform aimed at creating a “One Nation, One Tax, One Market” framework.

    Significance of the 101st Amendment Act

    Unified Taxation System – Subsumed 17 central & state taxes and 23 cesses, removing cascading effects.

    Expansion of Tax Base – Taxpayers increased from 66 lakh (2017) to over 1.5 crore (2024).

    Revenue Growth – Tax base rose from over a decade (CAGR 14.4%); average monthly collections near .

    Economic Efficiency – Eliminated cascading effects of taxation and reduced compliance costs.

    Household Savings – Reduced overall tax burden, saving families ~4% on monthly expenses.

    Ease of Doing Business – Unified national market and reduced transport time by 33%, improving efficiency.

    Digital Governance – GSTN ensured transparency, compliance, and reduced evasion.

    GST Reflecting the Accommodative Spirit of Federalism

    Institutionalised Cooperative Federalism – The GST Council (Art. 279A) is a federal forum of Union and State Finance Ministers deciding by consensus (3/4th majority).

    Pooled Sovereignty – Both Union and States share taxing powers under Article 246A, representing co-ownership of fiscal authority.

    Balanced Federal Approach – Dual GST (CGST + SGST) integrates economies while maintaining State autonomy.

    Fiscal Balance – Provided States 5-year compensation for revenue loss, cushioning transition.

    Special Provisions – Petroleum, alcohol, electricity kept outside GST, respecting States’ revenue needs.

    Challenges

    Complex multi-tier rate structure increases compliance burden.

    Frequent rate revisions affect business stability.

    GST Council decided to do away with the compensation cess

    Revenue shortfalls weaken State finances.

    Centre’s Dominance – Weighted voting gives Centre 33%.

    Way Forward

    Revive National Anti-Profiteering Authority to ensure rate cuts are passed on to customers

    Periodic technological upgrades in GSTN.

    Strengthen dispute resolution mechanism within GST Council.

    As the Supreme Court (Mohit Minerals, 2022) clarified, GST Council recommendations are not binding, reaffirming that India’s federalism is based on cooperation, not coercion.

  • ”The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society”. Illustrate with special reference to the expanding horizons of the right to life and personal liberty.

    A Living Constitution rejects rigid textualism and evolves with time to meet the changing needs of society while upholding core constitutional values. According to Woodrow Wilson, Constitution must be Darwinian in structure and in practice.

    Dynamism of Indian Constitution

    Expanding Interpretation of Fundamental Rights. Eg- Right to internet access

    Judicial Doctrines – Eg- Basic Structure Doctrine (Kesavananda Bharati, 1973)

    Democratic and Federal Evolution through constitutional amendments (over 100 so far)

    Constitution made for Progressive Society

    Social Justice – Abolition of untouchability (Article 17), reservation policies

    Gender Equality – Guarantees of equal rights (Articles 14-16)

    Political equality – Universal Adult Franchise

    Vision for a welfare state – Article 39(b)(c) (equitable distribution of resources) and Article 45 (free and compulsory education).

    Secularism & Fraternity – Promotes unity in diversity, preventing majoritarian domination while protecting minority rights.

    Expanding Horizons of Right to Life and Personal Liberty (through SC judgments)

    Right to Livelihood – Recognised in Olga Tellis v. Bombay Municipal Corporation (1985), linking livelihood to dignity of life.

    Right to Education – Unni Krishnan v. State of Andhra Pradesh (1993) paved way for RTE Act, 2009.

    Right to Clean Environment – Subhash Kumar v. State of Bihar (1991) connected the environment with quality of life.

    Right to Health – In Paschim Banga Khet Mazdoor Samity (1996), SC held that the state must provide adequate healthcare.

    Right to Privacy – Justice K.S. Puttaswamy v. Union of India (2017) declared privacy intrinsic to personal liberty.

    Right to Die with Dignity – Common Cause v. Union of India (2018) legalised passive euthanasia.

    Right to Internet Access – Anuradha Bhasin v. Union of India (2020) recognised internet as essential for speech, trade, and education.

    Right to Marry a Person of Choice – Shafin Jahan v. Asokan (2018) upheld liberty in matters of marriage.

    Expanding Horizons of Right to Life and Personal Liberty (Through Amendments)

    44th Amendment Act (1978) – Imposed limitations on Emergency powers by ensuring that Articles 20 and 21 cannot be suspended even during a National Emergency.

    86th Amendment Act (2002) – Inserted Article 21A, making Right to Education (6-14 years) a fundamental right under Article 21.

    The Indian Constitution, through its dynamism, has transformed into a progressive charter of human rights. As Granville Austin remarked, the Constitution is a “social document aiming at transforming society through law.”

  • Who are entitled to receive free legal aid? Assess the role of the National Legal Services Authority(NALSA) in rendering free legal aid in India.

    Free legal aid is a fundamental component of access to justice. It is provided under Article 39A of the Constitution and operationalized through the Legal Services Authorities Act, 1987.

    Persons Entitled to Free Legal Aid (Section 12, Legal Services Authorities Act, 1987)

    Persons with Annual Income below prescribed limit

    Women and Children

    Members of SC/ST Communities

    Victims of Human Trafficking or Begar

    Persons with Disabilities

    Industrial Workmen

    Persons in Custody – including undertrials, detainees, and prisoners

    Victims of Mass Disaster, Ethnic Violence, Flood, Drought, or Industrial Accidents

    Role of NALSA in Rendering Free Legal Aid

    Institutional Framework-

    NALSA is headed by the Chief Justice of India as Patron-in-Chief.

    Supervises State Legal Services Authorities (SLSAs), District Legal Services Authorities (DLSAs), and Taluk Legal Services Committees (TLSCs).

    Legal Awareness-Conducts Lok Adalats, Legal Literacy Camps, and Legal Aid Clinics in rural and marginalized areas.

    Alternative Dispute Resolution (ADR)- Organizes Lok Adalats for speedy, low-cost dispute resolution. Eg- National Lok Adalat (2023) settled over 1.3 crore cases across India.

    Specialized Schemes for Vulnerable Groups- Eg- NALSA (Protection and Enforcement of Tribal Rights) Scheme, 2015.

    Free Legal Representation and Counsel to represent eligible persons in courts and tribunals.

    Legal Aid in Prisons for undertrials through regular jail legal aid clinics.

    Use of Technology- Launched E-Lok Adalat for digital access to justice in remote areas.

    Challenges

    Low Awareness – As per India Justice Report, despite over 80% of citizens eligible, only 15 million have availed legal aid since 1995.

    Shortage of Trained Lawyers – avoid pro bono work due to

    Implementation Gaps- Uneven performance across states and districts.

    Way Forward

    Increase Grant-in-Aid and resource allocation to NALSA.

    Launch awareness campaigns via radio, TV, and local media.

    Fair compensation and incentives for panel lawyers and PLVs.

    Mandatory annual pro bono work for advocates with merit-based recognition.

    Free legal aid is essential to realize the constitutional promise of “justice-social, economic, and political.”

  • “The states in India seem reluctant to empower urban local bodies both functionally as well as financially.” Comment.

    73rd and 74th CAA are the embodiment of grass-root democracy and democratic decentralization in India. However, they have remained Half Baked Cake (Mani Shankar Iyer Committee) due to reluctance of states.

    Reluctance to empower Urban Local Bodies

    Funding Challenges

    High fiscal dependence- ULBs’ own revenue was only 47% of their total revenue in 2022, with property tax accounting for 29%.

    Post-GST revenue loss- Subsumption of Octroi, sales tax, and entertainment tax reduced ULB income. Eg- of revenue post-GST.

    Weak property tax collection- Only 10-11% of revenue from property tax vs 20-22% in China (Peterson Institute).

    Limited taxation powers- ULBs lack fiscal autonomy unlike China (land rights), Denmark (local income tax), or USA (broad local taxes).

    Weak SFC implementation- 15% shortfall in 15th FC grants and delayed State Finance Commissions reduce fiscal predictability.

    Functional Challenges

    Parastatal dominance- Urban authorities and public corporations control key functions like water, and transport, limiting ULB autonomy. Eg- Delhi Jal Board

    Rise of Special Purpose Vehicles (SPVs)- Schemes like JNNURM (2005) and Smart Cities Mission (2015) implemented via SPVs, bypassing elected bodies. SPVs, led by bureaucrats, indicate “procedural distrust” of local democracy.

    Incomplete devolution- Most States haven’t transferred all 18 functions under the 12th Schedule.

    Inactive District Planning Committees (DPCs)- Non-functional in 9 States and ineffective in 15 others, hindering integrated planning.

    Greater Bengaluru Governance Bill (2024)- Empowers Greater Bengaluru Authority (GBA) to alter ULB boundaries and override elected councils.

    Reasons for States’ Reluctance to Empower ULBs

    Political Control – Fear of losing urban dominance.

    Discretionary Devolution – 74th Amendment left powers optional.

    Low Political Incentive – No short-term electoral gain.

    Weak Administrative Capacity – Perceived inefficiency of local bodies.

    Limited Citizen Pressure – Urban voter apathy enables state control.

    Way Forward

    Empower ULBs legally through activity mapping and fiscal autonomy.

    Constitute SFCs timely, link grants to performance.

    Integrate local bodies into planning via empowered DPCs and MPCs.

    Urban Local bodies are the cornerstones of participatory democracy and good governance as 50% of India’s population is expected to reside in urban areas by 2030.

  • Compare and contrast the British and Indian approaches to Parliamentary sovereignty.

    Parliamentary sovereignty is a fundamental principle of the British constitutional system, signifying that Parliament is the supreme legal authority. In India, Parliament’s power is limited by constitutional supremacy and judicial review.

    Similarities

    Representative Authority: In both countries, Parliament represents the will of the people and is the central law-making body.

    Supremacy in Legislative Function: Both Parliaments have broad legislative powers to make, amend, or repeal laws.

    Parliamentary Privileges: Members in both enjoy freedom of speech and immunity within legislative proceedings.

    Rule of Law Framework: Both function under the rule of law, ensuring legislation aligns with legal principles.

    Bicameral Legislature: Each has a two-house system (UK: Commons and Lords; India: Lok Sabha and Rajya Sabha).

    While both systems share a parliamentary foundation and democratic ethos, the UK upholds parliamentary supremacy, whereas India enshrines constitutional supremacy

    Governance

    Important Aspects of Governance

  • Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices.

    Article 178 provides for Presiding Officers of state legislatures. According to Nehru,’Speaker represents dignity & freedom of house & as House represents nation, Speaker becomes a symbol of nation’s freedom & liberty.’

    Role in Maintaining Order

    Presiding Over Sessions – Conducts proceedings, enforces rules of procedure, and ensures smooth functioning of the House.

    Maintaining Order and Decorum – Eg- suspension under Rule 374A equivalent.

    Regulating Debates – Allots time to members, ensures balanced participation from treasury and opposition benches.

    Decision on Points of Order – Interprets procedural rules and resolves disputes.

    Certification Authority – Certifies Money Bills and authenticates proceedings.

    Safeguards the sanctity of legislative decision-making through accurate voting processes.

    Role in Upholding Impartiality

    Neutral Arbiter – Acts above party lines, ensuring equal treatment of all members.

    Adjudicator under Anti-Defection Law (Tenth Schedule) – Decides on disqualification of members.

    Protection of Members’ Privileges – Defends legislative freedom of speech and expression within the House.

    Guardian of Legislative Autonomy – Ensures the executive’s accountability to the legislature, maintaining separation of powers.

    Promoting Transparency – Ensures publication of debates, committee reports, and live telecast of proceedings to strengthen public trust.

    Facilitating Best Democratic Practices

    Encouraging Committee System – Strengthens Departmental Standing Committees for detailed policy review.

    Enhancing transparency and accountability – Eg- live telecast of sessions

    Training & Capacity Building of MLAs – Enhances understanding of legislative procedures and constitutional duties.

    Upholding Minority Rights – Protects the voice of opposition and smaller parties within the assembly.

    Adherence to Constitutional Morality – Ensures decisions reflect constitutional values rather than political expediency.

    Coordination with Lok Sabha & Other States – Fosters uniform parliamentary standards and best practices nationwide.

    Concerns Affecting Impartiality

    Partisan Bias in disqualification cases (e.g., Maharashtra, Manipur Assemblies, 2020-23).

    Executive Pressure in agenda-setting and session duration.

    Lack of Codified Conventions for neutrality and ethical norms.

    Absence of Independent Oversight of the Speaker’s procedural decisions.

    A truly impartial Speaker is the cornerstone of the edifice of parliamentary democracy.

  • “Constitutionally guaranteed judicial independence is a prerequisite of democracy”. Comment.

    Judicial independence refers to the freedom of judges from external pressures – political, or popular – enabling them to uphold the Constitution and rule of law without fear or favour.

    Constitutional Guarantee of Judicial Independence

    Separation of Powers (Article 50) – Directive to separate judiciary from the executive.

    Security of Tenure (Articles 124(4), 217) – Judges can be removed only through impeachment.

    Financial Autonomy (Article 112, 125) – Judicial salaries and pensions are charged on the Consolidated Fund.

    Appointment Process (Articles 124-147) – The Collegium system, evolved through Second Judges Case (1993), protects against executive dominance.

    Power of Judicial Review (Articles 13, 32, 226) – Enables courts to strike down unconstitutional laws or actions.

    Contempt of Court Powers (Article 129, 215) – Protects the dignity and authority of courts.

    Judicial independence as a prerequisite of democracy

    An independent judiciary safeguards rule of law over rule by power, ensuring that all state actions remain within constitutional limits.

    Courts act as guardians of the Constitution by protecting citizens’ fundamental rights from legislative or executive encroachment. Eg- Shreya Singhal case invalidating Section 66A of IT Act

    Maintains Separation of Powers and prevents concentration of power.

    In a democracy based on constitutional supremacy, courts act as a bulwark against populist or authoritarian tendencies. Eg- Basic Structure Doctrine.

    Ensures Accountability of the Government through judicial review (Articles 13, 32, 226). Eg- NJAC Judgment

    Upholds Constitutional Morality by progressive interpretation of laws. Eg- Sabrimala Verdict

    Prevents Executive Overreach – Independent courts can strike down arbitrary laws or actions (Indira Gandhi v. Raj Narain, 1975).

    Ensures Peaceful Resolution of Disputes – A credible judiciary provides non-violent conflict resolution, strengthening democratic stability.

    “There is no better test of the excellence of government than the working of its judicial system.” – Lord Bryce

  • Examine the need for electoral reforms as suggested by various committees with particular reference to “one nation-one election” principle.

    Free and fair elections are the foundation of Indian democracy (Article 324). Thus, Electoral reforms are considered as ‘Mother of all Reforms’.

    Need for one nation-one election

    According to ECI, ONOE reduces frequency of MCC & ensures policy continuity

    NITI Aayog (2017): simultaneous polls can cut election-related costs by 4500 Cr due to lower administrative and security deployment, single logistics cycle, and reduced campaign spending.

    Combined elections reduce voter fatigue and improve participation, especially in urban areas.

    Stability – Aligning Centre-State electoral cycles, making governments more accountable and stable

    ONOE discourages reckless dissolution of assemblies due to high political cost.

    Check on political populism due to reduced frequency of elections. Eg- farm loan waivers

    Reduction in vote bank politics and communalism. Promote social cohesion

    Challenges

    Constitutional Amendments Needed – Articles 83, 85, 172, 174, 356

    Weak Political Consensus as regional parties fear loss of visibility.

    Synchronisation Issues – Assemblies dissolved mid-term would require caretaker governments, raising constitutional questions.

    Logistical Requirements – Twice the number of EVMs & VVPATs, enhanced storage facilities, and large-scale training.

    As suggested by the Parliamentary Standing Committee (2015), there is a need for wide political consultations.