💥Join UPSC 2027,2028 Mentorship (July Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

Subject: Polity

  • What is Collegium System?

    The Supreme Court Collegium headed by Chief Justice N.V. Ramana has recommended to the Centre the names of six judicial officers for appointment as judges of the Delhi High Court.

    What is Collegium System?

    • The Collegium of judges is the Indian Supreme Court’s invention.
    • It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
    • In effect, it is a system under which judges are appointed by an institution comprising judges.
    • After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
    • Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.

    Evolution: The Judges Cases

    • First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
    • However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
    • Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
    • It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
    • Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

    The procedure followed by the Collegium

    Appointment of CJI

    • The President of India appoints the CJI and the other SC judges.
    • As far as the CJI is concerned, the outgoing CJI recommends his successor.
    • In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
    • The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.

    Other SC Judges

    • For other judges of the top court, the proposal is initiated by the CJI.
    • The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
    • The consultees must record their opinions in writing and it should form part of the file.
    • The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.

    For High Courts

    • The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
    • High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
    • The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
    • The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.

    Does the Collegium recommend transfers too?

    • Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
    • Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
    • When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
    • In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
    • However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
    • All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.

    Loopholes in the Collegium system

    • Lack of Transparency: Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
    • Judges appointing Judge: The attempt made to replace it with a ‘National Judicial Appointments Commission’ was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
    • Criteria: Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge.

    Way ahead

    • In respect of appointments, there has been an acknowledgment that the “zone of consideration” must be expanded to avoid criticism that many appointees hail from families of retired judges.
    • The status of a proposed new memorandum of procedure, to infuse greater accountability, is also unclear.
    • Even the majority opinions admitted the need for transparency, now Collegiums’ resolutions are now posted online, but reasons are not given.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Jammu and Kashmir Delimitation Commission likely to get another extension

    The J&K Delimitation Commission is likely to get a second extension of its term this month.

    What is Delimitation and why is it needed?

    • Delimitation is the act of redrawing boundaries of an assembly or Lok Sabha seat to represent changes in population over time.
    • This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.
    • The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
    • Aside from changing the limits of a constituency, the process may result in a change in the number of seats in a state.

    Delimitation in J&K

    • Assembly seats in J&K were delimited in 1963, 1973 and 1995.
    • Prior to August 5, 2019, carving out of J&K’s Assembly seats was carried out under the J&K Constitution and Jammu and Kashmir Representation of the People Act, 1957.
    • Until then, the delimitation of Lok Sabha seats in J&K was governed by the Constitution of India.
    • However, the delimitation of the state’s Assembly was governed by the J&K Constitution and J&K Representation of the People Act, 1957.
    • There was no census in the state in 1991 and hence no Delimitation Commission was set up by the state until 2001 census.

    Why is it in the news again?

    • After the abrogation of J&K’s special status in 2019, the delimitation of Lok Sabha and Assembly seats in the newly-created UT would be as per the provisions of the Indian Constitution.
    • On March 6, 2020, the government set up the Delimitation Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year.
    • As per the J&K Reorganization Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.

    Factors considered during Delimitation

    • The number of districts had increased from 12 to 20 and tehsils from 52 to 207 since the last delimitation.
    • The population density ranged from 29 persons a square km in Kishtwar to 3,436 persons a square km in Srinagar.
    • The remoteness of the place, inaccessibility etc are also considered during the exercise.

    Concerns raised over Delimitation

    • Jammu vs. Kashmir: Concerns had been expressed over how the delimitation process may end up favoring the Jammu region over Kashmir in terms of the seats.
    • Under-representation of Ladakh: Arguments have been made on how Ladakh has been underrepresented, with demands for statehood/sixth schedule.
    • Non-proportionate reservations: It is argued that seats for STs should’ve been divided in both Jammu province & Kashmir province, as the ST population is almost equal.

    Do not forget to answer this PYQ in the comment box:

    Q.With reference to the Delimitation Commission, consider the following statements:

    1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
    2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot affect any modifications in the orders.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

     

    [wpdiscuz-feedback id=”alffxgur6b” question=”Please leave a feedback on this” opened=”1″]Post your answers here:[/wpdiscuz-feedback]

     

  • India Press Freedom Report, 2021

    The India Press Freedom Report, 2021was recently released by the Rights and Risks Analysis Group (RRAG).

    India Press Freedom Report, 2021: Key Highlights

    • Jammu and Kashmir, Uttar Pradesh, Madhya Pradesh and Tripura topped the list of States and Union Territories where journalists and media houses were targeted in 2021.
    • It is followed by Delhi (8), Bihar (6), Assam (5), Haryana and Maharashtra (4 each), Goa and Manipur (3 each), Karnataka, Tamil Nadu and West Bengal (2 each), and Andhra Pradesh, Chhattisgarh and Kerala (1each).
    • While J&K recorded the maximum attacks by State actors, Tripura had the most cases of attacks by non-State actors, the analysis of data showed.

    Significance of the report

    • The widespread attacks on the press freedom are an indicator of the continuing deterioration of civic space in the country.
    • It represents the status of free speech exercised in our country.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • The Supreme Court fails to decide key constitutional cases in time-bound manner

    Context

    Unless the Court strives in every possible way to assure that the Constitution, the law, applies fairly to all citizens, the Court cannot be said to have fulfilled its custodial responsibility.

    Landmark judgments

    • In the last few years, the Indian Supreme Court has delivered some judgments of far-reaching consequence.
    • It declared the right to privacy a fundamental right; decriminalized consensual sexual conduct between adults of the same sex; recognized transgender persons as the third gender; and outlawed triple talaq.
    • These decisions shore up the belief in republican values like liberty and equality reified in our Constitution.

    Important cases pending in the Supreme Court

    • Constitutionality of CAA: Many petitions were filed before the Supreme Court challenging the constitutionality of the Citizenship (Amendment) Act, 2019, that provides non-Muslim communities from Bangladesh, Pakistan, and Afghanistan a fast-track route to Indian citizenship.
    • More than two years later, the matter continues to languish in the apex court.
    • Dilution of Article 370: Innumerable petitions have been filed challenging the Presidential Order of August 5, 2019, that effectually diluted Article 370 of the Constitution.
    • To date, the court has done precious little to decide this vexed question of law.
    • Constitutionality of 103rd amendment: Petitions challenging the constitutionality of the Constitution(One Hundred and Third Amendment)Act,2019 that provides reservations in public educational institutions and government jobs for economically weaker sections are also languishing in the Supreme Court.
    • Challenges to the electoral bond scheme: The Supreme Court has failed to accord proper hearing in the last four years to the constitutional challenge to the electoral bonds scheme.

    Conclusion

    Unless the Court strives in every possible way to assure that the Constitution, the law, applies fairly to all citizens, the Court cannot be said to have fulfilled its custodial responsibility”.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Electoral bond scheme

    Context

    Ever since its introduction, the electoral bond scheme has envenomed the democratic process, by destroying altogether any notion of transparency in political funding.

    Issue of anonymity in electoral bond

    • The electoral bond scheme is designed to allow an individual, or any “artificial juridical person”, including body corporates, to purchase bonds issued by the State Bank of India during notified periods of time.
    • These instruments are issued in the form of promissory notes, and in denominations ranging from ₹1,000 to ₹1 crore.
    • Once purchased, the buyer can donate the bond to any political party of their choice and the party can then encash it on demand.

    Supreme Court’s opinion

    • The Supreme Court has allowed the scheme to continue unabated and has denied an interim stay on its operation.
    • In one such provisional order, the Court asserted that the bonds were not, in fact, anonymous.
    • According to the Court, since both the purchase and the encashment of bonds are made through banking channels, all it would take for a person to glean the identity of a donor was for her to look through every corporation’s financial statement — these records, the Court said, ought to be available with the Registrar of Companies.
    • What the order ignored was that there is no attendant obligation on political parties to provide details to the public on each donation received by them through electoral bonds.
    • Companies are also under no obligation to disclose the name of the party to whom they made the donation.

    Violation of voter’s right

    •  The Supreme Court has consistently held that voters have a right to freely express themselves during an election and that they are entitled to all pieces of information that give purpose and vigour to this right.
    • Surely, to participate in the electoral process in a meaningful manner and to choose one’s votes carefully, a citizen must know the identity of those backing the candidates.

    Electoral bond does not eliminate the role of black money in funding elections

    • As affidavits filed by the Election Commission of India in the Supreme Court have demonstrated, the scheme, if anything, augments the potential role of black money in elections.
    • It does so by, among other things, removing existing barriers against shell entities and dying concerns from donating to political parties.
    • Moreover, even if the bonds were meant to eliminate the presence of unaccounted currency, it is difficult to see what nexus the decision to provide complete anonymity of the donor bears to this objective.
    • It is for this reason that the Reserve Bank of India reportedly advised the Government against the scheme’s introduction.

    Conclusion

    The worries over the electoral bond scheme, however, go beyond its patent unconstitutionality. This is because in allowing anonymity it befouls the basis of our democracy and prevents our elections from being truly free and fair.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Supreme Court revokes Suspension of Maharashtra MLAs

    The Supreme Court has set aside the one-year suspension of 12 MLAs from the Maharashtra Legislative Assembly.

    What was the case?

    • A petition was filed against the suspension.
    • It stated the move as “grossly arbitrary and disproportionate”.
    • The challenge relied mainly on grounds of denial of the principles of natural justice, and of violation of laid-down procedure.

    What did the judgment observe?

    • The apex court observed the decision to suspend them for a year was ‘unconstitutional, substantively illegal and irrational’.

    What did the court say about members being suspended beyond an ongoing session?

    (A) Arbitrary Action

    • The court agreed with the MLAs’ contention that the suspension has to follow the procedure laid down in Rule 53.
    • It said that the suspension of a member must be preferred as a short term or a temporary, disciplinary measure for restoring order in the Assembly.
    • Anything in excess of that would be irrational suspension, the court said.
    • It said that Rule 53 only provides for the withdrawal of a member for the remainder of the day or in case of repeat misconduct in the same session, for the remainder of the session.

    (B) Defining ‘disorderly behaviour’

    • The court said that as per this rule, withdrawal of a member can only be done in case of the member’s conduct being “grossly disorderly”.
    • It relied on definitions of the two words and said that the conduct has to be considered in a graded objective manner.
    • It is not a punishment like expulsion but more a direction to ensure that the business of the House can be carried on smoothly, without any disruption.

    (C) Violative of Fundamental Rights

    • The MLAs were not given an opportunity to present their case and that the suspension violated their fundamental right to equality before the law under Article 14 of the Constitution.
    • They also submitted that they were not given access to video of the proceedings of the House, and it was not clear how they had been identified in the large crowd that had gathered in the chamber.

    (D) Against constitutional ethos

    • It termed the one-year suspension worse than expulsion or disqualification or resignation as far as the rights of the constituency to be represented in the House are concerned.
    • It would also impact the democratic setup.

    (E) Immunity of the state legislature

    • It also considered whether the legislature had complete immunity from judicial review in matters of irregularity of procedure.
    • It ruled that procedures are open to judicial review on the touchstone of being unconstitutional, grossly illegal, irrational or arbitrary.

    Legal basis of the Judgment

    Ans. The bench referred to Article 190 (4) of the Constitution

    • It says- if for a period of sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant.
    • Under Section 151 (A) of The Representation of the People Act, 1951, “a bye-election for filling any vacancy shall be held within a period of six months from the date of the occurrence of the vacancy”.
    • This means that barring exceptions specified under this section, no constituency can remain without a representative for more than six months.

    What was the Assembly’s response to the judicial enquiry?

    • It argued that the House had acted within its legislative competence.
    • Under Article 212, courts do not have jurisdiction to inquire into the proceedings of the legislature.
    • Article 212 (1) states that “the validity of any proceedings in the Legislature of a State shall not be called in question on the ground of any alleged irregularity of procedure”.
    • It also said that a seat does not automatically become vacant if the member does not attend the House for 60 days but it becomes vacant only if declared so by the House.
    • It was submitted that the House is not obligated to declare such a seat vacant.

    Why was this suspension controversial?

    • manipulation: A thin majority coalition government could use such suspensions to manipulate the number of Opposition party members.
    • Avoiding legislative scrutiny: With prominent members suspended, opposition will not be able to effectively participate in discussions/debates in the House fearing suspension of its members for a longer period.
    • Enmity among legislators: The court pointed out that Parliament and Assemblies were becoming more and more an intransigent place.

    Way forward

    • A nation aspiring to be a “world leader” should debate on the welfare of its citizens rather than make Parliament/State Assemblies a stage to exchange jeers and launch personal attacks.
    • The members must maintain statesmanship and not brinkmanship in the House, said the apex court.
    • For becoming world leaders and self-dependent/reliant, quality of debates in the House ought to be of the highest order.

    Conclusion

    • Parliament or the State legislatures are no places to create a ruckus.
    • It is a place where policies and laws are propounded for governing the citizenry.
    • Aggression during the debates has no place in the setting of country governed by the Rule of Law.
    • Even a complex issue needs to be resolved in a congenial atmosphere by observing collegiality and showing full respect and deference towards each other.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • States must decide on SC/ST quota in promotions: Supreme Court

    The Supreme Court has refused to lay down the criteria for determining the inadequacy of representation for granting reservation in promotions for Scheduled Caste and Scheduled Tribe candidates in government jobs.

    What did the court held?

    • The court stuck firm by the decisions of its Constitution Benches in the Jarnail Singh and M. Nagaraj case that the question of adequate representation of SC/ST communities ought to be left to the respective States to determine.
    • It held ‘cadre’, and not class or group or the entire service, as the unit for the purpose of collection of quantifiable data for giving promotion quotas.

    Why such decision?

    • Determination of inadequate representation depends upon myriad factors of states which this Court cannot envisage.
    • Laying down of criteria for determining the inadequacy of representation would result in curtailing the discretion given to the State governments.

    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 the collection of quantifiable data to show the inadequacy of representation of SCs/STs is “vague”.
    • Advocates representing the 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 emphasized 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.

    What is 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.

    Related amendments

    • 77th Amendment: It introduced Clause 4A to the Constitution, empowering the state to make provisions for reservation in matters of promotion to SC/ST employees if the state feels they are not adequately represented.
    • 81st Amendment: It introduced Clause 4B, which says unfilled SC/ST quota of a particular year, when carried forward to the next year, will be treated separately and not clubbed with the regular vacancies of that year to find out whether the total quota has breached the 50% limit set by the Supreme Court.
    • 82nd Amendment: It inserted a proviso at the end of Article 335 to enable the state to make any provision for SC/STs “for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State”.
    • 85th Amendment: It said reservation in the promotion can be applied with consequential seniority for the SC/ST employee.

    Why such demand for quotas in promotion?

    • 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.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Govt tweaks spending norms for Contingency Fund of India

    The government has tweaked spending norms for Contingency Fund of India, allowing 40% of the total corpus to be placed at disposal of the Expenditure Secretary.

    What are the proposed changes?

    • Budget 2021-22 proposed to enhance the Contingency Fund of India from ₹500 crore to ₹30,000 crore through Finance Bill.
    • An amount equivalent to 40 per cent of the Fund corpus shall be placed at the disposal of the Secretary, Ministry of Finance, Department of Expenditure.
    • This would serve the purpose of meeting unforeseen expenditure.

    What is Contingency Fund of India?

    • Contingency is a negative event which may occur in future, like recession or pandemic.
    • The Constitution has a provision for a contingency fund. Its corpus is always kept intact.
    • Article 267 of the Constitution mandates formation of a corpus under Contingency Fund of India to deal with any emergency situation.
    • It is placed at the disposal of the President of India.
    • Government cannot withdraw funds from it without authorization of the Parliament.
    • And the corpus has to be replenished with the same amount later.

    Management of the fund

    • The fund is held by the Department of Economic Affairs on behalf of the President of India and it can be operated by executive action.
    • The fund can be increased through a Finance Bill when Parliament is in the session.
    • Or through Ordinance if the House is not in session and situation warrants.
    • Withdrawal from the fund takes place with the approval of the Secretary of Department of Economic Affairs, in terms of the Contingency Fund of India Act, 1950.
    • An amount equivalent to 40% of the corpus has now been placed at the disposal of the Expenditure Secretary.
    • All further Contingency Fund releases beyond this limit will require the approval of the Expenditure Secretary in addition to the Economic Affairs Secretary’s approval.

    Back2Basics:

    Consolidated Funds of India

    • The provision for this fund is given in Article 266(1) of the Constitution of India.
    • The government meets all its expenditure from this CFI.
    • It receives money from:
    1. Direct and indirect taxes Loans taken by the Indian government
    2. Returning of loans/interests of loans to the government by anyone/agency that has taken it
    • The government needs parliamentary approval to withdraw money from this fund.
    • Each state has its own Consolidated Fund of the state with similar provisions.
    • The Comptroller and Auditor General of India audits these funds and reports to the relevant legislatures on their management.

    Public Account of India

    • All other public money (other than those covered under the Consolidated Fund of India) received by or on behalf of the Indian Government are credited to this account/fund.
    • It is constituted under Article 266(2) of the Constitution.
    • This is made up of:
      1. Bank savings account of the various ministries/departments
      2. National small savings fund, defense fund
      3. National Investment Fund (money earned from disinvestment)
      4. National Calamity & Contingency Fund (NCCF) (for Disaster Management)
      5. Provident fund, Postal insurance, etc.
      6. Similar funds
    • The government does not need permission to take advances from this account.
    • Each state can have its own similar accounts.
    • CAG makes audit of all the expenditure from the Public Account of India.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • The strength of our republic

    Context

    A republic is made robust and kept alive by its people. In its current form, the Indian republic marks 73 years of maintaining a dynamic balance.

    Directly elected representation

    •  It is to the credit of our people that today we have a pyramidal three-layered elected representative system that governs us.
    • This system today has over 3 million elected representatives (a million of them women), over 4,000 elected to the state legislatures and over 500 in the Parliament.
    • This scale of directly elected representation, perhaps, can be seen nowhere else in the world.

    Moral and spiritual basis of the Constitution

    • In Pilgrimage to Freedom, K M Munshi writes, “our Constitution has a moral background — to secure justice for every section of our society; as also a spiritual basis — to preserve and protect all religions in the exercise of their functions”.
    • The challenges continue in securing justice for every section of our society.
    • The Backward Classes, the Scheduled Castes and the Scheduled Tribes and the poor across all categories clamour for better opportunities and affordable justice.
    • What Munshi calls the spiritual basis of our Constitution in having to preserve and protect all religions is also seen under stress.
    • When the right to practise one’s religion is denied or threatened, the silence of the thinking public or the media weakens that constitutionally embedded protection.

    Challenges posed by social media

    • Through the power of technology and its capacity to broadcast at mass scale, an otherwise useful tool, social media, has become a challenge and sometimes a threat to one or several of the rights enshrined in our Constitution.
    • Curtailing them to protect the rights of citizens is seen as trampling upon the right to free speech.
    • Without any action, the damage caused to social harmony by such rampant false news can result in people losing faith in the Constitution itself.

    Constitution as a living, dynamic process

    • Our Constitution is the most amended of all constitutions in the world.
    • If there are more than 100 amendments made to the Constitution, there are more than 1,500 laws that have been repealed because they have outlived their times.
    • These deadwood laws, by remaining on paper, occasionally became a weapon in the hands of rent-seekers.
    • Their removal, as a part of administrative reform, has kept the role of the executive transparent and accountable.
    • That the Constitution is always evolving is best exemplified by the 101st amendment which rolled out the Goods and Services Tax.
    • his amendment brought in a unified indirect tax regime by subsuming most of the indirect taxes of the Centre and the states.
    • Yet to complete five full years, the GST Council has stood the test of challenging times even in its initial years.
    • It augurs well for cooperative federalism.

    Conclusion

    Our Constitution has served us well in these seven decades. Several republics in the post-imperial era have rejected their earlier constitutions and tested new ones. It is the people who can keep the republic robust and alive.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • A festival to salute India’s vibrant democracy

    Context

    This year we are celebrating our 73rd Republic Day. The Constitution has been our guiding force in the journey of the nation as a mature democracy among comity of nations.

    Historical background

    • The Constituent Assembly undertook intensive deliberations over a period of two years, 11 months and 18 days spread over 11 sessions, during which the Constitution of India took shape.
    • Our Constituent Assembly played a dual role after Independence, given the insurmountable task of nation-building.
    • Our Constituent Assembly had performed the functions of the provisional Parliament of India in the interval between the time our Constitution was enforced and the day when the new Parliament was formed following the first General Elections (October 25, 1951-February 21, 1952).
    • The Constituent Assembly of India acted as the first Parliament of independent India.

    Role of the Parliament

    • Representative institutions and democratic traditions have always been an integral part of our rich heritage
    • Our Parliament has been playing a pivotal role in the all-round development of the nation by adopting many parliamentary devices for ensuring free and fair discussions and dialogue.
    • We have to ensure that our institutions and governance ensure inclusivity and the participation of our population in our developmental journey, particularly our women, Scheduled Castes, Scheduled Tribes and all other marginalised sections become equal partners in our growth story.

    Ensuring the best legislative practices

    • Repository of the proceedings: To ensure that best legislative practices are shared, a national portal is being planned to serve as a repository of the proceedings of Parliament and all State/Union Territory legislatures in the country.
    • Research support is being provided to Members to help them participate better and meaningfully in matters brought before Parliament.
    • Review of the laws to make them relevant: It is also time in the journey of our nation to take stock and review laws that were enacted during the pre-Independence era so as to make them more relevant to our current requirements and future challenges.

    Conclusion

    Republic Day is an occasion for people’s representatives and all citizens of this proud nation to reaffirm faith in the ideals enshrined in our Constitution.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)