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

Civilsdaily

Login

Subject: Polity

  • Pandit Deendayal Upadhyay Shramev Jayate Karyakram

    Why labour reforms?

    • Multiplicity of labour laws and the difficulty in their compliance has always been cited as an impediment to the industrial development
    • The World Bank annual report for year 2014 on Indian Labour Laws- The Indian states with flexible labour laws and easier compliance mechanism have fared better in terms of Industrial development than those where labour laws are rigid and the compliance is difficult as well
    • Ease of compliance has also been found to be important for the growth of organized sector
    • It is needed to amend the labour laws and make them flexible for the present circumstances
    • It is also important to ensure that the compliance is made easy as this will encourage the development of manufacturing industry particularly MSME sector in the country

    #1. Shram Suvidha Portal

    Aim: To create a conducive environment for industrial development Features:

    • Unique labour identification number (LIN) will be allotted to Units to facilitate online registration
    • Filing of self-certified and simplified Single Online Return by the industry Mandatory uploading of inspection Reports within 72 hours by the Labour inspectors
    • Timely redressal of grievances will be ensured with the help of the portal

    Advantage:

    • Ease in compliance of provisions related to labour
    • A step forward in promoting the ease of doing business
    • The complete database will add to the informed policy process

    #2. Labour Inspection

    Aim: To bring in transparency in labour inspection So far, the units for inspection were selected locally without any objective criteria Features:

    • Serious matters are to be covered under the mandatory inspection list
    • A computerized list of inspections will be generated randomly based on pre-determined objective criteria
    • Complaints based inspections will also be determined centrally after examination based on data and evidence
    • There will be provision of Emergency List for inspection of serious cases in specific circumstances

    Advantage: A transparent Inspection Scheme will provide a check on the arbitrariness in compliance mechanism

    #3. Universal Account Number (UAN)

    • Under the scheme, complete information for approximately 4 crore subscribers of EPF has been centrally compiled and digitized & a UAN has been allotted to all
    • The UAN is being seeded with Bank account and Aadhar Card and other KYC details for financial inclusion of vulnerable section of society
    • Camps are being organized to facilitate opening of bank account and Aadhar card for those subscribers who have no bank account or Aadhar card

    Advantage: This will ensure portability of the Social Security Benefits to the labour of organised sector across the jobs and geographic areas

    #4. Recognition of Brand Ambassadors of ITIs

    Need:

    • The Industrial Training Institutes (ITIs) in the country are the backbone of the vocational training system, only source of supply of skilled manpower to manufacturing industry
    • There are 11,500 ITIs having about 16 lakh seats. But this is grossly inadequate for supplying skilled manpower to Indian industry
    • Only 10% of the workforce has got formal or informal technical training. Only one fourth of this is formally trained
    • Whereas in South Korea, Japan, Germany, the percentage of workforce having received skills training is 96, 80 and 75 respectively
    • Therefore we need to rapidly expand certificate level vocational training if we have to succeed in our mission of ‘Make in India’
    • Also, blue collar work is not respected and regarded in the society

    Features:

    • Over 60 years of existence ITIs have given excellent technician, mechanics, entrepreneurs and professional leaders & manufacturing sector is reservoir of this success
    • They have brought name and fame in the country and abroad It is proposed to compile these success stories and publish in print and electronic form
    • These success stories shall be used for motivating youngsters and their parents
    • Such successful ITI graduates will be showcased as National Brand Ambassadors of Vocational Training

    Advantages:

    • It will serve as communicator and catalyst, taking the message of ITI vocational training to every section of society
    • Improve the brand image as well as social acceptance of the vocational training

    #5. All India Skill Competition

    Aim: To foster the healthy spirit of competitiveness among the trainee Craftsmen/ Apprentices Competitions:

    • All India Skill Competition for Craftsmen among trainees admitted under Craftsmen Training Scheme (CTS)
    • All India Competition for Apprentices among trainees admitted under Apprenticeship Training Scheme (ATS)

    #6. Apprenticeship Protsahan Yojna

    The Apprentices Act 1961 was enacted for regulating the Apprenticeship Training Scheme in the industry for imparting on-the-job training to apprentices Need:

    • Presently, there are only 2.82 lakh apprentices undergoing training against 4.9 lakh seats
    • Present framework tightly regulates the number of apprentices trade-wise, and is not attractive to youth because of low rate of stipend
    • Also, the industry is averse to participate because the scheme is not viable for the small industries
    • There are a large number of establishments including MSMEs where training facilities are available but could not be utilized so far

    Aim: To revamp the apprenticeship Scheme in India with the vision of increasing apprenticeship seats to more than 20 lakhs in next few years Components:

    • Making the legal framework friendly to both, industry and youth
    • Enhancing the rate of stipend and indexing it to minimum wages of semi-skilled workers
    • Support manufacturing units mainly and other establishments by reimbursing 50% of the stipend paid to apprentices during first two years of their training
    • Basic training component (mainly class room training part) of the curricula is being restructured on scientific principles to make it more effective, and MSMEs will be supported financially by govt

    Advantage:

    • Apprenticeship Scheme has huge potential for training the large number of young person’s to make them employable
    • Similar schemes have been highly successful in countries like Germany, China and Japan where the number of apprentices are stated to be 30, 20 & 10 million respectively
    • If properly revamped, it could also significantly contribute to ‘Make in India’ Mission

    Let’s end this article with a nice summary from The Hindu

      Follow this story for updates on labour reforms- Labour reforms in India Suggested readings:

     

    Published with inputs from Swapnil

  • Everything that you need to know about Mission Indradhanush

     

    Mission Indradhanush was launched by the Ministry of Health and Family Welfare, Government of India on December 25, 2014.

    Objective

    1. Aims to cover all those children by 2020 who are either unvaccinated, or are partially vaccinated against 7 vaccine preventable diseases
    2. The diseases are – diphtheria, whooping cough, tetanus, polio, tuberculosis, measles and hepatitis B

    How is the government going about the implementation?

    1. Implementation will be done in phases in a “catch up” mode – the aim is to cover all the children who have been left out or missed out for immunization
    2. Technically supported by WHO, UNICEF, Rotary International and other donor partners
    3. Phase 1 targets 201 districts | Phase 2 targets 352 districts
    4. The first round of the first phase started from 7 April 2015-World Health Day
    5. What’s interesting about the Phase 1 districts? These 201 high focus districts in the country have nearly 50% of all unvaccinated or partially vaccinated children!
    6. Out of the 201 districts, 82 districts are in just four states of UP, Bihar, Madhya Pradesh and Rajasthan

    What are the 4 pillars of strategy for Mission Indradhanush?

    #1. Meticulous planning of campaigns/sessions at all levels

    • Within the districts, the Mission will focus on the 400,000 high risk settlements identified by the polio eradication programme
    • 400,000 high risk settlements include urban slums, construction sites, brick kilns, nomadic sites and hard-to-reach areas
    • Such a planning needs a timely revision of micro plans in all blocks and urban areas in each district to ensure availability of sufficient vaccinators & vaccines

    #2. Effective communication and social mobilization efforts

    • Generate awareness and demand for immunization services through need-based communication strategies and social mobilization activities
    • Use of mass media, mid media, interpersonal communication (IPC), school and youth networks and corporates

    #3. Intensive training of the health officials and frontline workers

    • Capacity building has been the core of any social sector scheme and this just reinforces the point #1

    #4. Establish accountability framework through task forces

    • Strengthening the district task forces for immunization in all districts
    • Ensuring the use of concurrent session monitoring data to plug the gaps in implementation on a real time basis
    • Collaboration with other Ministries, ongoing programmes and international partners to promote a coordinated and synergistic approach

    For current updates, follow our story on – Mission Indradhanush – 100% health immunization coverage by 2020

  • Indian Polity | Powers of the President and the Governor

    In a federal  <constitutional division of power b/w centre and states> parliamentary democracy <real power vests in council of ministers which is accountable to Lower House i.e Lok Sabha> which is India, President and Governor are only ceremonial heads of state, real power lies with elected govt headed by PM and CM. President and governors have to act in accordance with the aid and advice of the council of ministers.

    So, are they mere rubber stamps? Do they have any discretionary powers? What’s the nature of that discretionary power?

    Art 74 and art 163 basically states that council of minister will aid and advice president and governor. In its various judgments supreme court interpreted that they have to act only upon and in accordance with the aid and advice of CoM, save in a few well known exceptional circumstances.

    The infamous 42nd amendment clarified this position and added that president shall act in accordance with aid and advice which was diluted by 44th amendment so that president can return back advice for reconsideration after which advice shall be binding. No changes were made wrt governor.

    So, it’s clear by constitution (for president) as well as supreme court judgment (governor) that only in exceptional circumstances can they act as per their own discretion.

    Rule of thumb is, a situation where the CoM is not in a position to tender unbiased or impartial advice to the president / governor can they use their own discretion.

    Situation in which discretion can be used?

    1. When no party has clear majority– Obviously caretaker govt would tend to advice president or governor to call it’s candidate for govt formation,, they have to as per their discretion
    2. When lower house has lost confidence in the govt– Obviously govt would not ask for dissolution, discretion has to be used

    But the real power comes from the fact that there is no time limit specified within the constitution within which president/ governor have to give assent to the bill. They may simply decide to sit on the bill and do nothing (pocket veto).

    In the case of governor there is more scope for discretion-

    1. For bills– governor can reserve bills for consideration of president. Obviously no govt will ask it’s bill to be reserved, discretion has to be applied.
    2. Recommendation of president’s rule-Again no govt would advise imposition of presidential rule.

    This reconsideration of bills become sore point b/w governor and govt <against the federal spirit; president i.e union CoM taking decisions on state bills; governor is not even elected>

    Let’s compare president and governor

    Issue President Governor
    Head Head of the country, head of govt is PM Head of a state, head of govt is CM
    Executive power All executive action in his name Same
    Oath Preserve, protect and defend the constitution Same
    Appointment Indirect election Nominated by president; representative of union in states
    Removal Impeachment President can remove him any time/ pleasure principle
    Grounds of removal Violation of constitution No grounds mentioned
    Advice of council of minster Binding (42nd amendment), can return the advice once (44th amendment) binding save for exceptional circumstances (various supreme court judgements)
    Ordinary bill Can be sent for reconsideration once to parliament, bound to give assent after that same
    Money bill Can’t send for reconsideration (after all president himself recommends the bill) same
    Constitution amendment bill Has to give his assent (24th amendment) No role
    if governor reserves the bill for president (article 200) Can assent/ withhold assent or send the bill for reconsideration (except money bill which can’t be resent) (article 201) No further role of governor
    If house sends the bill back in the same form Not bound to give assent <governor is bound to give assent after repassage> No role
    Clemency power Can pardon death sentence and court martial sentences Can’t pardon death sentence, no role in military matters

    State Bills reserved for President’s consideration under the Constitution may be classified as follows:—

    I. Bills which must be reserved for President’s consideration

    1. bills derogating the powers of the High Court (art 200)
    2. imposition of taxes on water or electricity in certain cases (Article 288)
    3. during a Financial Emergency (art 360)

    II. Bills which may be reserved for President’s consideration and assent for specific purposes

    a). To secure immunity from operation of Articles 14 and 19. These are Bills for

    1. acquisition of estates, etc.  (Article 31A(I (b))
    2. giving effect to Directive Principles of State Policy (Article 31C).

    (b) A Bill relating to a subject enumerated in the Concurrent List, to ensure operation of its provisions despite their repugnancy to a Union law or an existing law, by securing President’s assent in terms of Article 254(2). <for instance Rajsthan govt took presidential consent for it’s labour law which violated union legislation>

    (c) Legislation imposing restrictions on trade and commerce requiring Presidential sanction under the

    III. Bills which may not specifically fall under any of the above categories yet may be reserved by the Governor for President’s consideration under Article 200. 

    They are reserved if the bill is deemed to be against broader national interest

    But what if even 2nd advice of CoM which enjoys the confidence of house is unconstitutional and thus comes in conflict with the oath of president i.e to preserve, protect and defend the constitution?

    Well, there’s no precedence. Supreme court will have to take the call if in very exceptional circumstances, president can overrule the governor.

    Appendix-

    The presidential election and removal

    Presidential election -indirect election

    Method – proportional representation by means of single transferable vote

    Electoral college – All the elected members of parliament plus elected members of the legislative assembly of States and UT of Puducherry and NCT.

    Value of vote of an MLA = total population of state/total elected members in LA ×1000

    Value of vote of an MP= total value of votes of all MLAs of all states / total elected members of parliament

    Note members of the legislative council, nominated members of Legislative assembly,  Lok Sabha, Rajya Sabha does not participate <simple, how can those whom he nominates participate in his own election>

    Value of all the states plus UT votes = value of all

    Contrast this with the election of Vice President in which all members of parliament (nominated as well as elected) participate but members of state assemble do not.

    Removal of the President– Impeachment, 2/3rd (absolute 2/3rd not present and voting) of both the houses vote for his removal.

    Parliamentary v/s presidential system

    In parliamentary system (India), council of minister is part of legislature<all ministers come from either LS or RS>. PM is head of govt while president is head of state.

    In presidential system, President is the head of state as well as head of govt. He is not part of legislature. He chooses his own cabinet and cabinet ministers can not be part of legislature. Recall John Kerry had to resign from Senate when he was appointed secretary of state.

    It’s time for attempting some previous years IAS questions

    #1. Consider the following statements:

    1. The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
    2. All executive actions of the Government of India shall be expressed to be taken in the name of the Prime Minister.
    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

    #2. Which of the following are the discretionary powers given to the Governor of a State?

    1. Sending a report to the President of India for imposing the President’s rule
    2. Appointing the Ministers
    3. Reserving certain bills passed by the State Legislature for consideration of the President of India
    4. Making the rules to conduct the business of the State Government
    Select the correct answer using the code given below.

    a. 1 and 2 only
    b. 1 and 3 only.
    c. 2, 3 and 4 only.
    d. 1, 2, 3 and 4

    #3. In the context of India, which of the following principles is/are implied institutionally in the parliamentary government?

    1. Members of the Cabinet are Members of the Parliament.
    2. Ministers hold the office till they enjoy confidence in the Parliament.
    3. Cabinet is headed by the Head of the State.
    Select the correct answer using the codes given below.

    a. 1 and 2 only
    b. 3 only
    c. 2 and 3 only
    d. 1, 2 and 3

    #5. Which one of the following statements is correct?

    a. In India, the same person cannot be appointed as Governor for two or more States at the same time
    b. The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President
    c. No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post
    d. In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support

    #5. Consider the following statements:
    1. The Executive Power of the union of India is vested in the Prime Minister.
    2. The Prime Minister is the ex officio Chairman of the Civil Services Board.
    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

    #6. There is a Parliamentary System of Government in India because the

    • (a) Lok Sabha is elected directly by the people
    • (b) Parliament can amend the constitution
    • (c) Rajya Sabha cannot be dissolved
    • (d) Council of Ministers is responsible to the Lok Sabha

    Want to read more such article, Follow this collection – Constitution simplified 

  • Tribal Development in 2015 | Part – 1

    To start with, lets take a sector wise snapshot –

     

    #1. EDUCATION:

    • Bilingual Primers: To overcome language barriers in learning among tribal children, all Tribal Research Institutes have been funded to prepare bilingual primers (both in tribal and regional languages) which would be reproduced through Sarva Shiksha Abhiyan. Odisha, Gujarat, Jharkhand, Maharashtra have already initiated this process
    • Vacations: Synchronization of vacation with Tribal Festivals has been advocated to check drop out
    • To provide physical safety and quality education and its access, nearly 20,000 seats during FY 14-15, about 40,000 seats during CFY in hostel/residential school facility have been sanctioned.
    • To make education relevant for the tribal children- vocational training integrated with residential schools with one of the teachers acting as mentor cum counselor.
    • Training of tribal girl/lady as ANM and their posting as Assistant Warden in Girls hostel for girl safety and counselling.
    • Toilets: Every tribal area school without toilet targeted to have functional toilets with focus on girls toilets and funds provided for safety and inculcating hygiene and sanitation habits.
    • Scholarships: Increasing the number of scholarships for ST students in professional education and research from 667 to 1000 scholarships per year under the Scheme of Top Class Education and from 625 to 750 fellowships per year for ST students under the National Fellowship scheme.

     

    #2. RESEARCH:

    • Grant-in Aid to Tribal Research Institutes (TRI) scheme: has been revised from the FY 2014-15 to extend 100% financial assistance to strengthen them in the areas of Research & Documentation of tangible and intangible heritage and Training & Capacity building etc.
    • TRIs of Andhra Pradesh, Assam, Chhattisgarh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur,Odisha, Tamil Nadu, Telangana, Tripura, West Bengal & Andaman & Nicobar Islands supported for carrying out the following activities:
    1.  Research Studies/ Evaluation Studies/ Ethnographic / Anthropological Studies.
    2.  Organization of Exhibitions/Conferences/Workshops on tribal issues, etc
    3. Training and Capacity building
    4. Exchange of visits for Tribal youth
    5.  Tribal festivals, etc.

    The functions of the TRI: to work as body of knowledge and research, to support evidence based policy, planning and legislations, capacity building, dissemination of information and creation of awareness etc.

     

    STRENGTHENING OF INSTITUTIONS:

    • Strengthening of Integrated Tribal Development Agency/Integrated Tribal Development Project (ITDA/ ITDP) for effective delivery of public goods and services to tribals in Tribal Areas
    • Society for Protection of Tribals: Will be set up by Ministry of Tribal Affairs, in collaboration with the Government of NCT of Delhi; an autonomous body; would help the migrant tribals access basic citizen services, including Rescue, Rehabilitation and counselling services, through a 24 X 7 helpline
    • Tribal Research Institute – have been revived to make them vibrant institutions through 100% funding for core staff and activities. TRI, Odisha has been declared as National Resource Centre
    • Centre of Excellence has been set up for study of Tribal language and literature in Viswa Bharati, Shantiniketan, and West Bengal
    • Forest Right Act development: Till the end of September, 2015, 44,01,563 claims have been filed and 17,02,047 titles have been distributed under the Forest Rights Act, 2006. Out of these, 16,61,214 individual, 38,685 community and  2148 CFR titles have been distributed, covering a total area of around 89 lakh acres of land.

     

    Published with inputs from Swapnil

     

  • Euthanasia Mercy Killing

  • Prime Minister’s Office : Important Updates

  • President’s Rule

    The Case that changed the fate of President’s Rule

    The indiscriminate use of President’s rule to thwart away the state governments who did not meet the ideology of Union led to the landmark verdict in the S.R. Bommai vs Union Of India, 1994, which curtailed the misuse of Article 356.

    Article 356, what? 

    Under Article 356, the President can dismiss a State Government or dissolve a State Assembly or keep it under suspended animation in the event of a failure of the constitutional machinery in that State.

    Lets know the background of the case, shall we?

    In the 1970s & 1980s, it almost became common practice for the central govt. to dismiss state govts led by opposition parties.

    • The Indira Gandhi regime and post-emergency Janata Party were noted for this practice.
    • Indira Gandhi’s government between 1966-1977 is known to have imposed President’ rule in 39 times (not states).
    • In 1989, Karnataka CM S.R. Bommai was denied an opportunity to test his majority in the Assembly by the Governor and his govt. was dismissed.

    What do the Constitutional Experts have to say on Art. 356?

    Article 356 has always been the focal point of a wider debate of the federal structure of government in Indian polity.

    • Dr. B R Ambedkar had envisaged that Art. 356 shall remain the dead letter in the Indian constitution.
    • The Sarkaria Commission on central-state relations has recommended that Article 356 must be used very sparingly, in extreme cases, as a measure of last resort, when all the other alternatives fail to prevent or rectify a breakdown of constitutional machinery in the state.

    What was the S.R. Bommai case?

    S.R. Bommai vs Union of India, delivered in March 1994, had sharply limited the constitutional power vested in the Central Government to dismiss a State government.

    SC established strict guidelines for imposing President’s rule. This case laid down the conditions under which State govts may be dismissed, and mechanisms for that process.

    In terms of the legality of the imposition of President’s Rule in States under Article 356, the SC in this case overruled its own precedent in the case of State of Rajasthan v Union of India 1977 case.

    Let’s briefly understand the State of Rajasthan v Union of India 1977 case

    • SC held that the power of the President to impose President’s Rule is not above and beyond judicial review entirely.
    • The court might insist on substantial evidence in support of the Centre’s charges against a state if the latter accuses the Centre of acting mala fide.

    The Court in the Bommai case, narrowed down the circumstances and the manner in which such powers could be exercised.

    What are conditions for the valid exercise Article 356?

    There was a shift in constitutional jurisprudence as the principle of federalism was part of the basic structure of the Constitution, and this principle could only be deviated from in exceptional and extraordinary circumstances, i.e. where constitutional rule was not possible in the State.

    • The majority enjoyed by the Council of Ministers(CoM) in the state shall be tested on the floor of the house and not subjectively decided by the Governor.
    • Center shall give a warning and a time-period of 1 week to the concerned state.
    • Courts cannot question the advice tendered by the CoM to the President, but court can scrutinizethe material basis of the satisfaction of President.
    • Until the proclamation is approved by the Parliament, President shall not take any irreversibleaction, i.e. he should not dissolution of assembly.
    • Courts have the power to reverse the actions of President, if the Art. 356 is used inappropriately.
    • Art. 356 shall be used sparingly, otherwise it will destroy the constitutional balance between the Center & States.
    Published with inputs from Pushpendra | Image: Frontline

  • Panchayati Raj Institutions: Issues and Challenges

  • Rule of Law v/s Rule by Law

    This article focuses on bringing clarity to the two very different concepts which look similar at face value.  Sir Ivor Jennings, the famous constitutional historian, characterized the Rule of Law as ‘an unruly horse’.

    First, let’s be clear about what the Rule of Law is not.

    Rule of Law should not be equated with law and order. The breakdown of law and order is a temporary phenomenon.

    Breakdown of the Rule of Law means the collapse of good governance and the breakdown of constitutional machinery in a State.

    Now, let’s see what the Rule of Law is.

    It may be difficult to define the concept with precision but in essence, it signifies a commitment to certain principles and values. Generally, the rule of law is the principle that no one is above the law and treated equally among citizens.

    The Rule of Law symbolizes the quest of civilized democratic societies to combine that degree of liberty without which law is tyranny with that degree of law without which liberty becomes license.

    However high you may be, the law is above you.

    For instance, One may be the Prime Minister or the Speaker or the Imam or the Archbishop or a judge or the Sankaracharya or whoever, all are equally subject to the law. That imparts the element of non-discrimination in the concept of the Rule of Law.

    What are the principles of the Rule of Law?

    It was A.V. Dicey, the English Professor and Constitutional expert, who developed this concept. He defined 3 principles that govern the rule of law.

    1. Supremacy of Law
      No man shall be punished or made to suffer in body or goods except for the violation of the law. Such a violation must be established in an ordinary court of the land and in an ordinary legal manner.
    2. Equality before Law
      No man is above the law and everyone, whatever his condition or rank is, is subject to the ordinary laws of the land. <It means a person can sue or be sued in a court of law>
    3. Predominance of Legal Spirit
      The result of the ordinary law of the land is Constitution. It indicates that the general principles of the constitution are the result of judicial decisions of the courts in England. <However, this principle does not apply in the case of a written constitution. It stands modified in India, where it reads that the constitution is the supreme law of the land & all other laws in order to be legally valid shall conform to the constitution>

    What is the importance of Rule of Law?

    Rule of Law is essential for the protection of human rights.

    This concept changed the mode of administration from “King was Law” to “Law is King”. It is quite essential for the healthy functioning of democracy.

    In its path-breaking judgment in Keshavanand Bharti’s case, our Supreme Court ruled that the Rule of Law is part of the Basic Structure of the Constitution.

    The Constitution in order to preserve the rule of law, has conferred the writ jurisdiction under Art. 32 and Art. 226 on Supreme Court and High Court respectively.

    How Rule of Law is different from Rule of Law?

    It is important not to confuse Rule of Law with rule by law.

    The existence of a law is necessary but that is not sufficient. The law must have a certain core component that guarantees the basic human rights and the human dignity of every person.

    Rule by law can become an instrument of oppression and it can give legitimacy to the enactment of laws that may grossly violate basic human rights.

    Let’s see with examples, how rule by law can be misused

    Nazi Germany put Jews in concentration camps and thereafter sent them to the gas chambers. The justification offered was that there was a law that empowered such acts to be done. But that was rule by law, not the Rule of Law.

    During the apartheid regime in South Africa, repressive and racially discriminatory laws against the black majority were sought to be justified on the basis of enacted laws.

    Let’s see the relevance of the Rule of Law in India

    In India, this concept is implicitly mentioned in the fundamental rights of our constitution. The equality before law (Article 14) includes Rule of Law in itself.

    Indian Constitution grants some exceptions to the Rule of Law.

    What are the exceptions to the Rule of Law in India?

    1. The President/Governor is not answerable to court of law in discharge of his executive functions.
    2. No criminal proceedings whatsoever can be instituted against the President or Governor of the state, while he is in office.
    3. No civil proceedings in which relief is claimed can be filed against President or Governor except after the expiration of a 2-month notice that is served on him.

    Under International laws, the visiting heads of state, heads of govt, ministers, officials, and foreign diplomats who are posted in the country are not subjected to the jurisdiction of local courts in the discharge of their official functions.

    What are the concerns regarding the Rule of Law in India?

    Legal experts have raised their concerns regarding the implementation of the Rule of Law in India. A free democratic society like India cannot have recourse to measures that violate the very essence of the rule of law.

    For instance, a law that permits the killing of suspected terrorists or enables indefinite detention without prior hearing at the absolute discretion of the executive is destructive of the rule of law. Fake encounters have no place in a govt professedly based on the rule of law.

    Therefore, we should strive to instill the rule of law temperament and culture at home and in educational institutions. The aim should be that rule of law becomes the secular religion of all nations based on tolerance and mutual respect.

  • Indian Polity | Timeline : States and UT Reorganization

    After India became independent, its constituent units were classified into 4 distinct categories – Part A, Part B, Part C, Part D. Their composition is as follows

    Part A statesFormer British provincesAn elected governor and state legislature9 states: Assam, Bihar, Bombay, East Punjab, Madhya Pradesh, Madras, Orissa, Uttar Pradesh, and West Bengal
    Part B statesFormer princely states or groups of Covenanting statesRajpramukh (former princes)9 states: Hyderabad, Jammu and Kashmir, Madhya Bharat, Mysore, Patiala and East Punjab States Union (PEPSU), Rajasthan, Saurashtra, Travancore-Cochin, and Vindhya Pradesh
    Part CFormer princely states and provincesChief commissioner10 states: Ajmer, Coorg, Cooch-Behar, Bhopal, Bilaspur, Delhi, Himachal Pradesh, Kutch, Manipur, and Tripura
    Part DUnion TerritoryGovernor appointed by the Indian presidentAndaman and Nicobar Islands
    Part C states were administered by the President through a Chief Commissioner or Lieutenant-Governor.

    1956: States Reorganization Act. Abolished the above 4-fold classification. Part A and Part B were merged. Part C territories – HP(including Bilaspur), Delhi, Manipur, and Tripura were made UTs and the rest merged with their adjoining states. Part D(Andaman & Nicobar Islands) was made a UT.

    Total States: 14
    UT Count: 6

    1960: Bilingual state of Bombay was divided into Maharashtra and Gujrat.

    Gujrat becomes the 15th State.

    Total States: 15
    UT Count: 6

    1961: Dadra and Nagar Haveli, Portuguese colony till 1954 was converted into a UT by the 10th Constitutional Amendment Act. Dadra and Nagar Haveli becomes the 7th UT.

    Total States: 15
    UT Count: 7

    1962: Goa, Daman and Diu were acquired from Portuguese by means of police action in 1961. Constituted as UT by the 12th Constitutional Amendment Act in 1962. They come 8th and 9th UT respectively.

    Total States: 15
    UT Count: 9

    1962: State of Nagaland carved out from the state of Assam by 13th Constitutional Amendment Act in 1962. Nagaland becomes the 16th State.

    Total States: 16
    UT Count: 9

    1962: 4 French establishments – Puducherry, Karaikal, Mahe and Yanam where handed over to India in 1954. Made a UT by the 14th Constitutional Amendment Act in 1962. Puducherry becomes the 10th UT.

    Total States: 16
    UT Count: 10

    1966: Punjab was bifurcated to create Haryana. UT of Chandigargh was formed. Hilly Areas of Punjab were merged with Himachal Pradesh. Haryana becomes the 17th State. Chandigargh becomes the 11th UT.

    Total States: 17
    UT Count: 11

    1970: HP elevated from the status of UT to the status of state. HP becomes the 18th State. The total UT count comes down to 10.

    Total States: 18
    UT Count: 10

    1971: Political Map of NE underwent a Major Change. Manipur, Tripura and Meghayala elevated to the status of state. The total State-count becomes 21.

    Total States: 21
    UT Count: 10

    1975: Referendum held in Sikkim and Sikkim became an integral part of India. 36th Constitutional Amendment made it the 22nd full-fledged state.

    Total States: 22
    UT Count: 10

    1986: Mizoram and Arunachal Pradesh elevated from status of UT to the status of state. The total State-count becomes 24. The total UT-count comes down to 8.

    Total States: 24
    UT Count: 8

    1987: Goa elevated from status of UT to the status of state. Becomes the 25th State. The total UT count comes down to 7.

    Total States: 25
    UT Count: 7

    1991: Delhi becomes the National Capital Territory of Delhi.

    2000: Chhattisgargh(from MP), Uttarakhand(from UP) and Jharkhand(from Bihar) carved out to form independent states. The total State-count is 28.

    Total States: 28
    UT Count: 7

    2014: Andhra Pradesh bifurcated to form Telangana. Becomes the 29th State.

    Total States: 29
    UT Count: 7