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Subject: Polity

  • Discuss the role of the Vice-President of India as the Chairman of the Rajya Sabha.

    The Vice-President of India, under Article 64 of the Constitution, is the ex-officio Chairman of the Rajya Sabha (Council of States).

    Role of the Vice-President

    Presiding Authority – The Vice-President, as ex-officio Chairman, conducts proceedings, maintains order and decorum, and ensures smooth legislative functioning.

    Regulator of Debates – Allocates time, permits discussions, and ensures equal opportunity to both treasury and opposition benches.

    Interpreter of Rules – Decides points of order and interprets parliamentary rules to maintain procedural consistency.

    Casting Vote – Does not ordinarily vote but exercises a casting vote in case of a tie, ensuring impartial decision-making.

    Promotes Deliberation – Facilitates meaningful debates and consensus-building, enabling Rajya Sabha to act as a House of Review.

    Upholds Federal Balance – Protects state interests and ensures fair representation of diverse regional perspectives.

    Encourages Transparency – Ensures proceedings are open and accessible (e.g., live telecast of sessions) to enhance accountability.

    Maintains Impartiality – Expected to act above party lines, setting high ethical standards in conduct.

    Limitations of the Vice-President Compared to the Speaker of Lok Sabha

    Does not preside over joint sittings of Parliament (Article 118).

    The Vice-President cannot suspend or expel MPs for disorderly conduct, unlike the Speaker who can act under Rules 373 and 374A.

    No Role in Money Bills under Article 110.

    No Power Over Confidence Motions

    The Vice-President as Chairman ensures that the Rajya Sabha functions as the House of sober second thought, balancing federal interests and national priorities.

  • Discuss the role of the National Commission for Backward Classes in the wake of its transformation from a statutory body to a constitutional body.

    The 102nd Constitution Amendment Act, 2018 inserted Article 338B, elevating the commission to par with the NCSC and NCST.

    Role of the National Commission for Backward Classes

    Investigating Constitutional Safeguards provided to backward classes under the Constitution.

    Exercising Civil Court Powers to summon officials, demand public records, and examine witnesses during active inquiries.

    Inquiry into Rights Violations: investigates specific citizen grievances regarding the outright denial or subversion of rights belonging to SEBCs.

    Advising on Socio-Economic Development: Formulates policy guidelines and advises both Union and State governments on targeted welfare planning for backward communities.

    Evaluating Departmental Progress: Reviews and audits the grassroots performance and execution speed of central and state-level affirmative action schemes.

    Presents comprehensive structural review reports to the President of India regarding the operational health of welfare frameworks.

    The Union and State governments consult the NCBC on all major policy matters affecting SEBCs.

    Enforcing Reservation Compliance: Monitors and checks public sector recruitment pipelines to guarantee strict adherence to the mandated 27% OBC quotas.

    Aids the institutional procedure of identifying and reviewing communities for the Central OBC list under Article 342A.

    Case Studies

    Enforcing Creamy Layer Compliance in Public Sector Undertakings (PSUs)

    The commission played a central key role in implementation of the 27% OBC reservation within the All India Quota for undergraduate and postgraduate medical and dental courses (NEET).

    Major issues

    Recommendations are not binding on executive

    Overlapping jurisdiction with other bodies like NHRX, NCW etc

    Lack of administrative and financial autonomy

    Strengthening the NCBC is essential to achieve constitutional objective of Social Justice

  • The most significant achievement of modern law in India in the constitutionalization of environmental problems by the Supreme Court. Discuss this statement with the help of relevant case laws.

    “The Constitution is not a mere lawyers’ document, it is a vehicle of Life, and its spirit is always the spirit of Age.”- B.R. Ambedkar

    Constitutionalization of environmental problems under Article 21 is the embodiment of this spirit.

    Constitutionalization is done through

    Expansion of Article 21

    Use of Directive Principles (Art. 48A, 51A(g))

    Development of Doctrines (Polluter Pays, Precautionary Principle, Public Trust, Absolute Liability, Intergenerational Equity)

    Expansion of Judicial Review & PILs

    Use of Continuous Mandamus

    Relevant case laws

    Industrial Pollution

    MC Mehta v. Union of India (Oleum Gas Leak, 1986) – Established Absolute Liability for hazardous industries.

    Indian Council for Enviro-Legal Action v. UOI (1996) – Applied Polluter Pays Principle.

    Water Pollution

    MC Mehta v. UOI (Ganga Pollution, 1988) – Ordered closure of polluting tanneries.

    Paryavaran Suraksha Samiti v. UOI (2017) – Directed installation of Sewage Treatment Plants (STPs).

    Air Pollution

    MC Mehta v. UOI (Delhi Pollution, 1998) – Mandated conversion of public transport to CNG.

    MC Mehta v. UOI (Firecrackers, 2024) – Imposed ban to ensure clean air.

    Deforestation & Forest Rights

    T.N. Godavarman v. UOI (1997-ongoing) – Continuous mandamus for forest conservation.

    Niyamgiri Case (2013) – Empowered Gram Sabha to protect tribal rights.

    Climate Change

    M.K. Ranjitsinh v. UOI (2024) – Recognised Right against adverse climate impacts under Articles 14 and 21.

    Natural Resources

    MC Mehta v. Kamal Nath (1997) – Applied Public Trust Doctrine to rivers.

    Reliance Natural Resources v. RIL (2010) – Declared natural resources as public property.

    Development Projects

    Narmada Bachao Andolan v. UOI (2000) – Integrated sustainable development into constitutional law.

    Vanashakti v. UOI (2024) – Stressed need for prior environmental clearance.

    As Justice P.N. Bhagwati observed, “Right to life includes the right to live with human dignity” – and dignity today is inseparable from a clean and healthy environment.

  • Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute. Comment

    “Liberty means freedom to do everything which injures no one else.” (French Declaration of the Rights of Man, 1789). The Right to Movement and Residence under the Indian Constitution embodies this idea of liberty.

    Constitutional Provision

    Article 19(1)(d) – Right to move freely throughout the territory of India.

    Article 19(1)(e) – Right to reside and settle in any part of India.

    However, it is not absolute as

    Reasonable Restrictions under Article 19(5) – interests of the general public or for the protection of Scheduled Tribes.

    Protection of Scheduled Tribes – Restrictions in 5th and 6th Schedules safeguard traditional culture, property rights, and protect tribes from exploitation by outsiders.

    Security of State – Eg – Restrictions under AFSPA in disturbed regions.

    Public Order – Curfews, preventive detention, or restrictions during riots.

    Judicial Endorsement – Eg – State of UP v. Kaushailiya (1964) upheld restrictions on movement of prostitutes to protect public health and morality.

    Pandemic Situations – During COVID-19 lockdowns, freedom of movement was restricted to control spread of the virus.

    Inner Line Permit (ILP) – Required in certain north-eastern states; prior approval of state government needed to protect local interests.

    Foreigners – Can be deported for violating rules, even though citizens enjoy freedom of residence.

    “Liberty is not a license, but is regulated freedom.” Ensuring individual liberty while safeguarding collective interests reflects balanced constitutionalism.

  • Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalization of Indian Parliament?

    According to LS speaker Om Birla, Parliamentary Committees are the “backbone of parliamentary democracy. It is an essential mechanism of legislative oversight, promoting informed, bipartisan, and continuous accountability.

    Structure of the Parliamentary Committee System

    Standing Committees (Permanent in Nature)-

    Department-related Standing Committees (DRSCs) – 24 in number; examine Bills, budgets, and policies of ministries.

    Financial Committees – Public Accounts Committee (PAC), Estimates Committee, and Committee on Public Undertakings (COPU).

    Housekeeping Committees – e.g., Business Advisory Committee, Committee on Subordinate Legislation, etc.

    Ad hoc Committees (Temporary in Nature)- Constituted for specific purposes – e.g., Joint Parliamentary Committee (JPC) on the 2G Spectrum Scam (2011) and Waqf Amendment Bill.

    Importance of Parliamentary Committees

    Ensuring Fiscal Accountability – Committees like PAC scrutinize CAG reports, ensuring that public funds are used efficiently and lawfully.

    Continuous Executive Oversight – They enable ongoing parliamentary supervision over expenditure, even when Parliament is not in session.

    Strengthening Audit Mechanism – The PAC’s linkage with CAG institutionalizes the audit process, reinforcing transparency in governance.

    Promoting Rational Budgeting – The Estimates Committee evaluates expenditure patterns and recommends economy and efficiency in public spending.

    Enhancing PSU Accountability – The Committee on Public Undertakings (COPU) monitors performance and financial health of PSUs, promoting corporate discipline.

    Institutional Continuity – These committees function annually, ensuring regular scrutiny beyond political cycles.

    Evidence-Based Decision Making – Reports are based on expert testimony and data, improving quality of legislative oversight.

    Non-Partisan Deliberation – Work in committees is largely bipartisan, reducing political confrontation seen in the House.

    Public Transparency – Publication of reports increases citizen awareness and reinforces Parliament’s role as a watchdog of the executive.

    Institutional Memory Building – The accumulated reports and recommendations create a repository of fiscal best practices for future governance.

    Challenges-

    Non-binding recommendations and lack of discussion on parliamentary reports

    Fewer bills referred- In the 15th Lok Sabha -71%, 16th Lok Sabha -27% and in 17th Lok Sabha -16% of the bills introduced were referred to the committees.

    Lack of specialised knowledge among members in financial and economic matters leads to superficial scrutiny.

    Bulky CAG and budgetary reports result in inadequate time for detailed examination.

    Post mortem analysis- This lowers the quality of oversight and recommendations.

    Political influence often causes biased decision-making and undermines objectivity.

    Lack of Public Awareness and Transparency- Committee proceedings are held behind closed doors.

    Way Forward

    Implement ARC & NCRWC suggestions for expert support units and public disclosure of reports.

    Enhance capacity-building of MPs on financial management.

    Make committee recommendations time-bound and mandatory for government response.

    In the words of Woodrow Wilson, “Congress in session is Congress on public exhibition, while Congress in its committee rooms is Congress at work.”

  • 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.”