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Subject: Polity

  • 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.

  • New Parliament Building

    PM would on December 10 lay the foundation stone for the new Parliament building, which would be a symbol of “Atmanirbhar Bharat” and a “temple of democracy” for Independent India.

    Try this MCQ first:

    Q.The architecture of the present Parliament House of India is inspired from:

    a) Ekattarso Mahadeva Temple

    b) Virupaksa Temple

    c) Dilwara Temples

    d) Brihaddeswara Temple

    The new Parliament Building

    • The building, to be constructed by Tata Projects Ltd. would have a built-up area of 64,500 square metres over four floors and would be built adjacent to the existing building over 22 months.
    • Artisans and sculptors from across the country would contribute to the new building, showcasing the diversity and making it a symbol of “Atmanirbhar Bharat”.
    • The building would have modern equipment, be earthquake-safe and accommodate up to 1,224 MPs during joint sessions in the Lok Sabha chamber.
    • The Lok Sabha and the Rajya Sabha chambers themselves would accommodate 888 and 384 MPs respectively.

    Issues with the old building

    • The existing British-built Parliament building, built in the 1920s, was designed for the Imperial Legislative Council and not for a bicameral Parliament.
    • The building has been modified over the years, including in 1956 when two floors were added.
    • While the number of Lok Sabha seats has remained 545 based on delimitation carried out on the basis of the 1971 Census, it is likely to increase after 2026 as the number of seats has been frozen till then.
    • The sources said the Lok Sabha and the Rajya Sabha halls are packed and would not be able to accommodate additional seats when the number of seats goes up.

    Back2Basics: Parliament House (Sansad Bhavan)

    • The Sansad Bhavan is the seat of the Parliament of India. It houses the Lok Sabha and the Rajya Sabha which represent lower and upper houses respectively in India’s bicameral parliament.
    • The existing building draws inspiration from Ekattarso Mahadeva Temple (in M.P.) and was built under the British empire for its Imperial Legislative Council in 1927.
    • The opening ceremony, which then housed the Imperial Legislative Council, was performed on 18 January 1927 by Lord Irwin, Viceroy of India.
    • Following the end of British rule in India, it was taken over by Constituent Assembly of India which was succeeded by the parliament of India once Constitution of India came into force in 1950.
    • In the 2010s, a proposal was introduced to revamp Central Vista and re-build or relocate a number of administrative buildings which initiated a program expecting completion in 2024.

    Architectural details:

    • Originally called the House of Parliament, it was designed by the British architects’ Edwin Lutyens and Herbert Baker in 1912-1913.
    • It was held as part of their wider mandate to construct a new administrative capital city for British India.
    • The perimeter of the building is circular, with 144 columns on the outside.
    • The building is surrounded by large gardens and the perimeter is fenced off by sandstone railings (jali).
    • Construction of the House began in 1921 and it was completed in 1927.

  • 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.

  • Implications of UP’s ‘love jihad’ ordinance for freedom of conscience

    The U.P. government’s ordinance seeking the prevention of illegal conversion has several provisions that go against the Constitution and restricts the freedom of conscience. 

    Objective of the ordinance

    • The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 seeks to prevent “love jihad” in the state
    • The ordinance makes it a criminal offence for a person to convert another by coercion, misrepresentation, fraud etc, which is unobjectionable.
    • A marriage solemnised for the “sole purpose” of unlawfully converting the bride or the groom is required to be declared void by the competent court.
    • There can be no objection to ordinance’s premise that converting somebody by fraud or misrepresentation is wrong.
    • In fact, though the members of the Constituent Assembly included the right to “propagate” one’s religion they considered it a “rather obvious doctrine” that this would not include forcible conversions.
    • However, the UP ordinance goes beyond this principle and does something quite strange.

    Unconstitutional provisions and issues with the ordinance

    1) Lack of clarity

    • The ordinance makes it a criminal offence to convert a person by offering her an “allurement”.
    • The term “allurement” is defined very broadly, to include even providing a gift to the person who is sought to be converted.
    • The use of the words “or otherwise” in the definition of allurement is puzzling.
    • The essential prerequisite of a criminal law is that it has to be precise.
    • A person cannot be put behind bars for doing something that a penal law does not clearly and unequivocally prohibit.
    • On this touchstone, the definition of “allurement” leaves much to be desired.

    2) Reconversion to a person’s previous religion is not illegal

    • It says that “reconversion” to a person’s previous religion is not illegal, even if it is vitiated by fraud, force, allurement, misrepresentation and so on.
    • In other words, if a person converts from Religion A to Religion B of her own volition, and is then forced to reconvert back to Religion A against her will, this will not constitute “conversion” under the ordinance at all.

    3) Unfairly treating all women in the same way

    • Illegal conversion under the ordinance attracts a punishment of 1-5 years in prison.
    • However, if the victim of the illegal conversion is a minor, a member of the Scheduled Castes or Scheduled Tribes or, strangely, a woman, the punishment is doubled — at 2-10 years behind bars.
    • In other words, it does not matter who the woman is, if somebody converts her against her will, the punishment can go up to 10 years in prison.
    • The ordinance unfairly paints all women with the same brush — assuming that all women are gullible, vulnerable and especially susceptible to illegal conversion.

    4) Buden of proof

    • The burden of proof in criminal cases is on the prosecution, and the presumption is that a person accused of committing an offence is innocent until proven guilty.
    • The Uttar Pradesh ordinance turns this rule on its head.
    • Every religious conversion is presumed to be illegal.
    • The burden is on the person carrying out the conversion to prove that it is not illegal.
    • The offence of illegal conversion is also “cognisable” and “non-bailable”, meaning that a police officer can arrest an accused without a warrant, and the accused may or may not be released on bail, at the discretion of the court.

    Time to revisit the past judgement

    • In Rev Stainislaus v State of Madhya Pradesh (1977), the Supreme Court held that the fundamental right to “propagate” religion does not include the right to convert a person to another religion.
    • In that case, the court had upheld anti-conversion statutes enacted by the states of Orissa and Madhya Pradesh.

    Conclusion

    The ordinance puts an incredible chilling effect on the freedom of conscience and state must reconsider it.

  • Representation of Women in Judiciary

    Attorney-General has told the Supreme Court that more women judges in constitutional courts would certainly improve gender sensitivity in the judiciary.

    Q.Women judges could bring a more comprehensive and empathetic perspective of gender sensitivity in the judiciary. Discuss.

    Women in Judiciary: A dismal figure

    • The Supreme Court has only two women judges as against a sanctioned strength of 34 judges.
    • There has never been a female Chief Justice. This figure is consistently low across the higher judiciary.
    • There are only 80 women judges out of the sanctioned strength of 1,113 judges in the High Courts and the Supreme Court.
    • Only two of these 80 women judges are in the Supreme Court and the other 78 are in various High Courts, comprising only 7.2% of the number of judges.
    • There are six High Courts — Manipur, Meghalaya, Patna, Tripura, Telangana, and Uttarakhand — where there are no sitting women judges.

    A short timeline

    • The first female Judge appointed in Supreme Court was Justice M. Fathima Beevi from Kerala in 1987.
    • She was later followed by Justice Sujata V. Manohar from Maharashtra in 1994 and in the year 2000, Justice Ruma Pal was appointed from West Bengal.
    • And in the year 2010, Justice Gyan Sudha Misra from Bihar was appointed.
    • In 2014, Justice Ranjana Desai from Mumbai was appointed and currently, Justice R. Banumathi from Tamil Nadu is the only woman judge in Supreme Court.

    (Note: This data might be useful for State PSCs or other exams. UPSC aspirants need not remember this.)

    What did the A-G say?

    • Improving the representation of women could go a long way towards a more balanced and empathetic approach in cases involving sexual violence.
    • Judges need to be trained to place themselves in the shoes of the victim of sexual violence while passing orders, said the AG.
    • There is a dearth of compulsory courses in gender sensitization in law schools.
    • Certain law schools have the subject either as a specialization or as an elective.

    Why need more women in Judiciary?

    • The entry of women judges into spaces from which they had historically been excluded has been a positive step in the direction of judiciaries being perceived as being more transparent, inclusive, and representative.
    • By their mere presence, women judges enhance the legitimacy of courts, sending a powerful signal that they are open and accessible to those who seek recourse to justice.
    • They could contribute far more to justice than improving its appearance: they also contribute significantly to the quality of decision-making, and thus to the quality of justice itself.
    • Women judges bring those lived experiences to their judicial actions, experiences that tend toward a more comprehensive and empathetic perspective.
    • By elucidating how laws and rulings can be based on gender stereotypes, or how they might have a different impact on women and men, a gender perspective enhances the fairness of the adjudication.

  • One nation One election

    Prime Minister once again raised the pitch for “One Nation, One Election” and a single voter list for all to prevent the impact of the model code of conduct on development works due to frequent elections.

    Try this question:

    Q.Discuss how a common electoral roll and simultaneous elections are ways to save the enormous amount of effort and expenditure on Elections in India. Also discuss the centralizing tendency behind the idea.

    Elections in India

    • Currently, elections to the state assemblies and the Lok Sabha are held separately — that is whenever the incumbent government’s five-year term ends or whenever it is dissolved due to various reasons.
    • This applies to both the state legislatures and the Lok Sabha. The terms of Legislative Assemblies and the Lok Sabha may not synchronize with one another.
    • For instance, Rajasthan faced elections in late 2018, whereas Tamil Nadu will go to elections only in 2021.

    Simultaneous Elections

    • But the idea of “One Nation, One Election” envisages a system where elections to all states and the Lok Sabha will have to be held simultaneously.
    • This will involve the restructuring of the Indian election cycle in a manner that elections to the states and the centre synchronize.
    • This would mean that the voters will cast their vote for electing members of the LS and the state assemblies on a single day, at the same time (or in a phased manner as the case may be).

    Birth of the Idea: A backgrounder

    • Simultaneous elections are not new to India. They were the norm until 1967.
    • But following dissolution of some Legislative Assemblies in 1968 and 1969 and that of the Lok Sabha in December 1970, elections to State Assemblies and Parliament have been held separately.
    • The idea of reverting to simultaneous polls was mooted in the annual report of the Election Commission in 1983.
    • The Law Commission’s Report also referred to it in 1999.
    • After PM floated the idea once again in 2016, the NITI Aayog prepared a working paper on the subject in January 2017.

    What are the proposals under it?

    There were two proposals to conduct elections synchronization in two batches.

    • One proposal was to make the shift to simultaneous polls in a phased manner, where general elections, of few States and UT may be synchronised in 2019.
    • For such a synchronization to happen, besides political consensus and extension of term up to six months in some states, amendments to the Constitution have to be made.
    • Elections to the remaining States and UTs with will be synchronised by the end of 2021.
    • Thereafter, elections to the Lok Sabha, all the State Legislative Assemblies and Union Territories (with legislatures) will be held simultaneously from 2024.

    Advantages of simultaneous elections

    • Reduce cost: The cost of an election has two components – one, expenditure incurred by the Election Commission and two, expenditure incurred by the political parties. A large number of government employees and public buildings are diverted from their regular responsibilities for election duties. Supporters of the simultaneous elections argue that it will reduce election expenditure in terms of finance and reduce diversion of human resources for election duties.
    • Reduce disruption due to MCC: Model Code of Conduct (MCC) comes into operation during election season. MCC is seen as an obstacle to the government service delivery mechanism. Simultaneous elections may reduce such disruption.
    • Reduce populism: During elections, political convenience takes precedence over public interest. To lure voters, political parties concede to popular demands without any consideration to public interest. Simultaneous elections reduce such opportunity for political parties.
    • National prespective: Simultaneous election promotes national perspective over the regional perspective. This is important for the unity of the country.
    • Strengthen National parties: Since it promotes national perspective, simultaneous elections strengthen national parties. This reduces mushrooming growth of political parties based on narrow vote bank politics.
    • Strengthens federalism: Simultaneous elections bring States on par with the Center. If the elections are to be held simultaneously once in five years, the elected state governments cannot be dismissed easily. This reduces the anomalies created by the Article 356 (President’s Rule) of the Indian constitution and hence, it strengthens federalism.
    • Stability: The simultaneous election once in five years provides stability to the governments. It allows the government to take difficult and harsh decision in larger public interest.

    Arguments against simultaneous elections

    • No guarantee that expenditure of the political parties will reduce: Simultaneous elections may reduce the expenditure incurred by the Election Commission. But there is no guarantee that expenditure of the political parties will reduce. Political parties may spend entire fund at once rather than in phases.
    • Reduce importance of state elections: Center and States are equal and sovereign within their jurisdiction. Simultaneous elections may reduce the importance of state elections. Thus it affects the concept of federalism.
    • Violates Article 83(2) and Article 172 : Article 83(2) and Article 172 of the Constitution requires that the Lok Sabha and State legislatures be in existence for five years from the date of its first meeting, “unless dissolved earlier”. Simultaneous elections ignore this phrase, as there would be no opportunity to dissolve Lok Sabha or State Assemblies.
    • Negates NCM: A government can be in power as long as it enjoys the confidence of Parliament. Simultaneous elections can work only if governments last for a fixed tenure of five years regardless of confidence of Parliament. It negates the concept of ‘no confidence motion’ – an important tool for legislative control over the executive.
    • Keep Government on toes: Elections are an important part of representative democracy. Simultaneous elections with fixed tenure of five years curtail people’s right to express their confidence or displeasure on the government.
    • Ignores diversity: Simultaneous elections will relegate local issues or issues of state importance to the background. This completely ignores the diversity of the country.
    • Logistical challenge: Holding simultaneous election once in five years may also face logistical challenges. For the free and fair conduct of the elections, security forces need to be deployed in large numbers. Given the current strength of security personnel, this may be a challenging task.

    Way forward

    • There needs to be a consensus and all hands on the deck to see whether the country suits for simultaneous elections.
    • All political parties should at least cooperate in debating this issue, once the debate starts, the public opinion can be taken into consideration.
    • India being a mature democracy, can then follows the outcome of the deliberation.

    Shekhawat solution

    • The former vice-president Bhairon Singh Shekhawat proposed a solution. He called for a review of provisions of the no-confidence motion.
    • He suggested that no-confidence motion must mandatorily be accompanied by an alternative government formation plan. This prevents premature dissolution of Lok Sabha on account of political instability.
    • But critics point out that, this solution will take away people’s right to elect or dismiss a government.

    Conclusion

    • The constitution of India has essentially prescribed a federal structure of state governance.
    • As we are aware that there are several levels of government such as Lok Sabha and the Rajya Sabha besides, state governments, Municipal Corporations and the Panchayats, which are forms of local governance.
    • As a result the entire power is not concentrated with one government.
    • But One Nation, One Election can lead to such concentration of power in a single hand.
    • So the new government needs to ensure such vast power is not gathered by a single domain through One Nation, One Election.

  • 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.

  • Protecting Article 32

    The article deals with the issue of recourse to Article 32 for violation of Fundamental Rights. But it is subject to fundamental principles of administration of justice.

    Context

    • The Chief Justice of India is reported to have stated during the hearing of journalist Siddique Kappan’s bail matter, that the Court was trying to “discourage” recourse to Article 32.

    Recourse under Article 32 is not absolute

    • The apex judicial process shows clearly that the Court regards Article 32 as a judicial power subject to the fundamental principles of administration of justice.
    • The Supreme Court has already extended rules and doctrines such as laches (delays) or res judicata (a matter already decided by a competent court) or any other principle of administration of justice.
    • Article 32 keep open “the doors of this court” and requires the state not to “put any hindrance” to a person seeking to approach the Court.
    • However, the Court must ignore all laws of procedure, evidence, limitation, res judicata and other provision.
    • The Supreme Court has also said that faith “must be inspired in the hierarchy of Courts [ Recourse under Article 226 should be sought before approaching the SC] and the institution as a whole” and not” only in this Court alone”.
    • So, even if there is a constitutional right to remedies it remains subject to the discipline of judicial power and process.

    New facets of Article 32

    • The Supreme Court has also discovered new facets of Article 32.
    • As early as 1950, it has ruled that powers under Article 32 are not limited to the exercise of prerogative writs.
    • In 1987 the Court ruled that it has powers to rule for compensation of violation of fundamental rights.
    • In 1999 it said that this power extended to the rectification of its own mistakes or errors.

    Comparing Article 226 and Article 32

    • Article 226 is the very dimension; the high court’s vast jurisdiction technically casts no duty on them to enforce fundamental rights.
    • They have the discretion to act or not to; in contrast, the Supreme Court must.
    • Fourth, Article 32 is not absolute, the Supreme Court decides on what “appropriate proceedings” should be for it to be so moved.
    • But the Court may not prescribe any process as it likes but only that process which preserves, protects and promotes the right to constitutional remedies.

    Need for effective bail system

    • The just demand for an expeditious and effective bail system stems from manifest discrimination in bail .
    • In several instances, one case is fast-tracked whereas others are consigned to slow-moving judicial action, even when rights to life and health are endangered.
    • Scandalous judicial delays, measures of decongestion and diversion, and a bold resolution of “who watches the watchman” syndrome now demand urgent apex response.

    Consider the question “Seeking remedy from the Supreme Court for the violation of fundamental rights under Article 32 is also a fundamental right. However, enforcement of it is not absolute. In light of this, examine the challenges in its enforcement by the Supreme Court.”

    Conclusion

    Article 32 makes the apex court into a “people’s court”. And future historians should not be able to conclude that the Court deliberately dealt deathblows to this “soul” of the Constitution, as Babasaheb Ambedkar described Article 32.

  • Punjab’s claim over Chandigarh

    Earlier this month, Haryana Dy. CM said it would be better if both Haryana and Punjab agreed on Chandigarh as a Union Territory and make their independent capitals and Benches of High Courts.

    Try answering this

    Q.The linguistic re-organization of Indian states in the post-Independence period has prevented its balkanization, unlike our neighbourhood. Comment.

    Why was Chandigarh created?

    • Chandigarh was planned to replace Lahore, the capital of erstwhile Punjab, which became part of Pakistan during the Partition.
    • In March 1948, the Government of (India’s) Punjab, in consultation with the Centre, approved the area of the foothills of the Shivaliks as the site for the new capital.
    • From 1952 to 1966 (till Haryana was carved out of Punjab), Chandigarh remained the capital of Punjab.

    How did it become a shared capital?

    • At the time of reorganization of Punjab in 1966, the city assumed the unique distinction of being the capital of both Punjab and Haryana.
    • Even as it was declared a union territory and was placed under the direct control of the Centre.
    • The properties in Chandigarh were to be divided into 60:40 ratio in favour of Punjab.

    Punjab’s claim

    • The-then PM Indira Gandhi had announced that Haryana, in due course, would have its own capital and Chandigarh would go to Punjab.
    • As per documents submitted in the Lok Sabha, the Centre had even issued a formal communication is this regard on January 29, 1970, almost three years after Haryana came into being.
    • Again, in 1985, under the Rajiv-Longowal accord, Chandigarh was to be handed over to Punjab on January 26, 1986, but the Rajiv Gandhi government withdrew at the last minute.

    Haryana’s counter-claim

    • As per the 1970 documents, the Centre had considered various alternatives for settling the matter, including dividing the city.
    • But that wasn’t feasible since Chandigarh was built as a planned city to serve as the capital of one state.
    • Haryana was told to use the office and residential accommodation in Chandigarh only for five years till it shifts to its own new capital.
    • The Centre had offered Rs 10 crore grant to Haryana and an equal amount of loan for setting up the new capital.
    • In 2018, Haryana CM suggested setting up a special body for the development of Chandigarh, but the Punjab CM rejected it, saying the city “indisputably belonged to Punjab”.