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Subject: Polity

  • “The Attorney-General is the chief legal adviser and lawyer of the Government of India.” Discuss.

    The Attorney-General of India (Article 76), is the highest law officer of the Union Government. He plays a vital role in upholding the rule of law and ensuring constitutional governance.

    Constitutional Position and Functions

    As legal adviser

    Legal Adviser to the Government (Article 76(2)) on matters referred to him by the President.

    Advisory Role in Legislation – Consulted in drafting Bills, Presidential references (Art. 143), and interpreting constitutional provisions.

    Ex-Officio Role – Participates in Parliamentary proceedings (without voting rights) to clarify legal positions.

    Facilitator of Constitutional Mechanism – By advising the President and other governmental bodies, the AG ensures the constitutionality of laws and executive actions, thus maintaining the integrity of the Constitution.

    As Lawyer of GoI

    Representation in Courts on behalf of the Union. Eg- in the Triple Talaq and Rafale Deal cases.

    Right of Audience in all Indian courts, even without being a party.

    Defends Union Actions – Represents the government in public interest litigations, constitutional disputes, and international arbitration matters. Eg- M.C. Setalvad (1950-1963) – Defended the constitutionality of preventive detention laws under Article 22 in A.K. Gopalan case

    Limitations

    Unlike the U.S. Attorney General, who heads the Department of Justice and oversees federal law enforcement, the Indian AG has no administrative or prosecutorial powers.

    No Fixed Tenure – Holds office at the President’s pleasure.

    Conflict of Interest – Can practice privately, though not against the government.

    Lacks constitutional safeguards or autonomy like the CAG or EC.

    Uncertain Service Conditions – Remuneration and terms decided by the executive.

    Limited Accountability – Not answerable to Parliament for advice or actions.

    Way Forward

    UK – Shawcross Principle– Ensures the AG’s independence in prosecutorial decisions

    Provide a minimum fixed term to safeguard the AG’s independence from executive pressure.

    Require periodic reporting to Parliament on key legal opinions and government litigation.

    Code of Ethics to ensure the AG upholds constitutional morality and political neutrality.

    Strengthening this office’s autonomy, institutional capacity, and ethical standards is vital for preserving the rule of law.

  • Individual Parliamentarian’s role as the national lawmaker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss.

    The Parliament of India is the temple of democracy and an MP would act as a national trustee. However, as per Former VP, Hamid Ansari, Parliament has turned into ‘chamber of anarchy’ due to declining role and productivity of members.

    Functions of MPs

    Legislative Function – Making, amending, and repealing laws.

    Deliberative Function – Debating national policies and public issues.

    Executive Oversight Function – Question Hour, motions, committees

    Financial Function – Approving the Budget, Demands for Grants, and financial bills.

    Representative Function – Voicing citizens’ concerns and constituency interests.

    Indicators of Decline in Individual Parliamentarian’s Role

    Legislative Function

    Marginalization of Private Members’ Bills – Only 14 passed since 1952.

    Lack of thorough scrutiny of bills- During the term of the 17th LS, 58% of the Bills introduced were passed within two weeks of their introduction. Eg- the J&K Reorganisation Bill, 2019

    Weak research and knowledge support – Inadequate access to legislative data and expert analysis undermines quality of debates.

    Deliberative Function

    Decline in sitting days – From 120+ days (1950s) to around 55 days in 17th LS, curtailing deliberation

    Declining attendance- In 2021, average attendance dropped to 71% in the Lok Sabha and 74% in the Rajya Sabha.

    Frequent disruptions and adjournments – During the 17th Lok Sabha, MPs were suspended on 206 instances, across both Houses of Parliament. In Winter Session 2023, 146 MPs were suspended for serious misconduct in the House.

    Party whip system – Strict control discourages independent viewpoints and policy reasoning.

    Financial Function

    Between 2019 and 2023, on average, about 80% of the budget has been voted on without discussion. In 2023, the entire budget was passed without discussion.

    Decline in budget scrutiny – Detailed examination of Demands for Grants often guillotined without debate.

    Weak engagement with financial committees – Falling participation in PAC, Estimates Committee, etc.

    Executive Oversight Function

    Question Hour functioned for 60% of scheduled time in LS and 52% in Rajya Sabha.

    Underutilized parliamentary committees – Low attendance and poor follow-up dilute scrutiny of executive performance.

    Resort to Money Bill route undermines RS. Eg- Aadhar Act

    Consequences of the Decline in Individual Parliamentarian’s Role

    Reduced Accountability – Rushing bills like the Women’s Reservation Bill, 2023 limits scrutiny and weakens executive oversight.

    Criminalization of politics – as per ADR data, 46% of MPs elected in 2024 have criminal cases pending.

    Poor Legislative Quality – Farm Laws (2020) passed with minimal debate led to backlash and repeal.

    Legislative Stagnation – Delay in passage of important bills due to disruption

    Judicial Intervention – Weak legislative performance prompts courts to step in (e.g., NGT, social justice rulings).

    Ordinance Culture – Fewer sittings have led to rising ordinances (11 in 2020), bypassing Parliament.

    Public Disillusionment – Citizens lose faith in Parliament’s deliberative and representative role.

    Democratic Imbalance – Executive consolidation weakens checks and balances, harming deliberative democracy.

    Diminishing role of opposition MPs – Reduced speaking time and political polarization undermine effective oversight.

    Way Forward-

    Increase Working Days- Eg- NCRWC (2002) recommended Parliament meet for at least 110 days a year; currently, it averages 60-70 days.

    Enhancing Parliamentary Decorum- Encourage a culture of respect, professionalism, and active participation in debates.

    Enhance Research Support for MPs- Eg- UK Parliament’s Research Service aids MPs in informed decision-making

    Engaging Responsible Opposition– allowing opposition to set agenda on lines of UK House of Commons

    Mandatory referral of Bills to Committee

    As former Vice President M. Venkaiah Naidu aptly stated, “Disorder, disruption, and delay should not replace debate, discussion, and decision, which form the edifice of parliamentary democracy.”

  • “The reservation of seats for women in the institutions of local self- government has had a limited impact on the patriarchal character of the Indian Political Process.” Comment.

    73rd and 74th CAA are the embodiment of grass-root democracy and democratic decentralization in India.

    Positive Impact on Women’s Political Participation

    Increased Representation- Over 14 lakh women representatives currently serve in local bodies (MoPR, 2024).

    Leadership Development- Eg- Sulata Deo started her career as Sarpanch and became MP from Odisha

    Enhanced Service Delivery- Women-led Panchayats prioritize water, sanitation, education, and health issues. Eg- Chhavi Rajawat (Rajasthan)

    Social Change Catalysts by challenging gender stereotypes in public decision-making.

    Women leaders have strengthened Self-Help Groups (SHGs) and livelihood initiatives, promoting inclusive development. Eg- Bina Devi (“Mushroom Mahila”)

    Persistent Patriarchal Barriers in Women’s Political Participation at the Local Level

    Political Barriers

    Proxy Representation- The “Sarpanch Pati” phenomenon – husbands or male relatives exercise real power.

    Political parties rarely nominate women beyond the mandated quota, restricting vertical mobility in politics.

    Tokenism- Representation often confined to fulfilling quotas rather than genuine empowerment or participation in governance.

    Institutional Barriers

    Institutional and Bureaucratic Dominance undermine elected women’s authority, especially in resource allocation and project execution.

    Limited Decision-Making Power- exclusion from key committees or budgetary discussions.

    Economic Barriers

    Economic Dependence on male family members limits independence in political and developmental decisions.

    Social barriers

    Women representatives face verbal abuse, threats, and social ostracism, especially when asserting authority.

    Cultural and Social Norms- restrict women’s mobility and participation in public life. Eg- purdah system.

    Lack of education and political training weakens women’s administrative confidence and negotiation skills.

    Intersectional Barriers- Women from SC/ST and minority communities face additional layer of discrimination.

    Way Forward

    Mandate political parties to allot a fixed percentage of tickets to women beyond local bodies to ensure vertical mobility in politics.

    Mentorship and role model initiatives led by successful women sarpanchs to inspire grassroots participation.

    Capacity Building– Establish State Institutes of Rural Development (SIRDs) as nodal agencies for PRI training.

    Manishankar Aiyar Committee recommendations.

    Create Panchayat Ombudsman for grievance redressal.

    Adopt activity mapping for clear delineation of 3Fs – Funds, Functions, Functionaries.

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

    True empowerment lies in transforming participation into power, ensuring women are policy-shapers, not placeholders.

    Elections

  • “Parliament’s power to amend the Constitution is a limited power and it cannot be enlarged into absolute power.” In the light of this statement explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power?

    Article 368 empowers Parliament to amend the Constitution, but this power is not absolute. The SC, through the Basic Structure Doctrine, has clarified that while Parliament can amend any part of the Constitution, it cannot alter or destroy its essential features.

    Limitations on the Amending Power of Parliament

    Procedure under Article 368 – Constitutional amendments must strictly follow special majority and, where applicable, state ratification (for federal provisions).

    Basic Structure Doctrine (Kesavananda Bharati, 1973) – Parliament cannot alter, abrogate, or destroy the Basic Structure of the Constitution.

    Minerva Mills, 1980 – The limited amending power itself is part of the Basic Structure.

    Balance Between Fundamental Rights and DPSPs – Parliament cannot give unlimited precedence to one over the other, preserving constitutional harmony.

    Separation of Powers – Parliament cannot encroach upon the independence of the judiciary or the executive-legislative balance. Eg- NJAC

    Federal Structure – Amendment cannot centralize power to the extent of destroying federalism or state autonomy. (S.R. Bommai Judgment)

    I.R. Coelho v. State of Tamil Nadu (2007) – Even laws under the Ninth Schedule are open to judicial review if they violate Basic Structure.

    Thus, parliament cannot destroy or expand its amending power beyond constitutional limits. It is subject to Basic Structure

    Supremacy of the Constitution

    Republican and democratic form of government

    Secularism

    Federalism

    Judicial Review and Rule of Law

    Separation of Powers

    Limited amending power (Minerva Mills)

    Analysis

    The power of amendment under Article 368 is an instrument to ensure the Constitution’s continuity, and dynamic adaptation, not institutional annihilation. In a democracy governed by the Rule of Law, no organ can arrogate to itself absolute power, for that would negate the very idea of constitutionalism.

  • On what grounds a people’s representative can be disqualified under the Representation of People Act, 1951? Also mention the remedies available to such person against his disqualification.

    The RPA, 1951 provides the statutory framework for conducting elections and maintaining the integrity of India’s democratic process.

    Grounds for Disqualification under RPA, 1951

    Disqualification on Conviction for Certain Offences – Section 8

    bribery, undue influence, promoting enmity (IPC 153A, 295A), or corruption.

    If the sentence is two years or more, the disqualification is immediate and lasts six years after release.

    Lily Thomas v. Union of India (2013) – Section 8(4) was struck down, making disqualification automatic on conviction.

    Disqualification for Dismissal from Government Service – Section 9 – Disqualification for five years if dismissed for corruption or disloyalty to the State.

    Disqualification for Office of Profit – Section 10 – Holding an office of profit under the government (not exempted by law)

    Disqualification for Government Contracts – Section 9A

    Disqualification for Failure to Lodge Election Expenses – Section 10A

    Remedies Available Against Disqualification

    Judicial Appeal – If conviction is stayed, disqualification ceases to operate (Lok Prahari v. Union of India, 2018).

    Under Articles 103 & 192, President or Governor’s Decision acts on the advice of the Election Commission.

    Election Petition (Section 80, RPA, 1951) in the High Court within 45 days of result declaration.

    Analysis

    Thus, the disqualification provisions ensure the trinity of Ethics, Accountability and Fairness of electoral process.

  • From the resolution of contentious issues regarding distribution of legislative powers by the courts, ‘Principle of Federal Supremacy’ and ‘Harmonious Construction’ have emerged. Explain.

    As per Ivor Jennings, India is “a federation with a strong centralising tendency.” The 7th Schedule is a reflection of this tendency.

    Contentious Issues regarding Distribution of Legislative Powers

    Concurrent List repugnancy – Eg- Education (Concurrent List, Entry 25) – Centre’s NEET law vs Tamil Nadu’s opposition to it.

    Residuary powers with the Union

    Under Article 249, Rajya Sabha can empower Parliament to legislate on State List subjects. Eg- Essential Commodities Act (food items, agricultural produce).

    During National Emergency (Art. 250) or President’s Rule (Art. 356), Parliament can legislate on State subjects.

    Principle of Federal Supremacy

    In cases of irreconcilable conflict, Union law prevails over State law.

    Judicial Validation–

    Union of India v. H.S. Dhillon (1972) – Parliament has residuary powers.

    State of Karnataka v. Union of India (1977) – Union’s primacy in matters of national importance.

    State of West Bengal v. Union of India (1963) – SC upheld Parliament’s power to acquire State property.

    Zameer Ahmed Latifur Rehman Sheikh v. State of Maharashtra (2010) – SC ruled that a central money laundering law overrides conflicting State law under Article 254(1).

    Protects national unity and uniformity in crucial subjects.

    Principle of Harmonious Construction

    Courts attempt to reconcile conflicts so that both Union and State laws can function simultaneously.

    Judicial Validation–

    In C.B. Boarding and Lodging v. State of Mysore (1970), the SC upheld the State’s power to levy tax on lodging houses, even though taxation on income was a Union subject.

    State of Rajasthan v. G. Chawla (1959) – Both Centre and State laws upheld through harmonious interpretation.

    Hoechst Pharmaceuticals v. State of Bihar (1983) – Repugnancy avoided through reconciliation.

    Preserves federal balance and safeguards state autonomy.

    “Federalism is not a monolith; it is a dialogue between self-rule and shared rule.” Both Union & States are creatures of the Constitution

  • What can France learn from the Indian Constitution’s approach to secularism?

    Secularism ensures the neutrality of the State toward religion while protecting freedom of belief and conscience.

    While France follows Laïcité, emphasizing strict separation of religion and State, India practices positive secularism, ensuring equal respect for all religions within a plural society.

    France’s Model of Secularism (LaĂŻcitĂ©)

    Based on non-recognition and non-involvement of the State in religious affairs.

    Guarantees freedom of conscience but restricts public religious expression (e.g., veil ban in schools, 2004).

    Aims to preserve republican unity and neutrality in the public sphere.

    India’s Model of Secularism

    Enshrined in the Preamble and Articles 25-28 of the Constitution.

    Guarantees freedom of religion, equal treatment of all faiths, and State neutrality.

    Allows State intervention for social reform (e.g., abolition of untouchability, Sabarimala judgment).

    Described as positive secularism – promoting harmony through engagement, not exclusion.

    Upheld as a basic feature of the Constitution in S.R. Bommai v. Union of India (1994).

    Lessons France Can Learn from Indian Secularism

    Inclusive Neutrality: The State can respect all religions equally rather than excluding them from the public sphere.

    Reform-Oriented State Role: The State can intervene in religious practices to uphold human rights and gender equality (e.g., abolition of untouchability, temple entry)

    Multiculturalism – respecting cultural and religious rights and customs. Promoting plurality instead of uniformity

    Freedom of Religious Expression: Allowing individuals to express faith in public spaces strengthens personal liberty (e.g., Sikh turban, Muslim veil).

    Pluralism as Democratic Strength: Religious diversity, when accommodated constitutionally, enhances national unity and democratic legitimacy.

    Balancing Liberty with Equality: Secularism should protect individual conscience while also advancing social justice and non-discrimination.

    Dialogue over Restriction: Promoting inter-faith dialogue and accommodation builds social cohesion better than prohibitive policies.

    Protection of minority rights through special provisions. Eg- Article 29,30.

    Secularism need not mean “absence of religion in public life,” but rather “equal respect and peaceful coexistence of all religions under a neutral State.”

  • Do you think that constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain.

    SoP is derived from Montesquieu’s Spirit of Laws (1748) – dividing state power into Legislature, Executive, Judiciary to prevent concentration and arbitrariness.

    Separation of Powers in the Constitution

    Article 50 – Separation of executive and judiciary (Directive Principle).

    Articles 122 & 212 – Courts not to question proceedings of Parliament and State Legislatures.

    Articles 121 & 211 – Conduct of judges cannot be discussed in Parliament or State Legislatures (except during impeachment).

    Article 361 – President and Governors enjoy immunity; not answerable to courts for exercise of powers and duties.

    However, Strict Separation Does Not Exist due to

    Legislature & Executive Overlap – Executive is drawn from the legislature (Art. 74 & 75; Art. 163 & 164).

    Delegated Legislation – Legislature delegates rule-making powers to executive authorities.

    Judicial Functions of Legislature in cases of breach of privilege or impeachment of judges.

    Judicial Functions of Executive – pardons and commutations (Art. 72 & 161) by President and Governors.

    Checks and Balances in Practice

    Judicial Review – Judiciary can strike down unconstitutional laws and executive actions. Eg – NJAC Judgment.

    Legislative Control over Executive via questions, motions, and no-confidence votes.

    Executive’s Role in appointment of judges through the collegium system consultation.

    Judiciary review of laws for conformity with Fundamental Rights and Basic Structure. Eg – Indira Gandhi v. Raj Narain (1975).

    Legislative control over judiciary – Eg- 2018 Amendments to Atrocities Act, Impeachment Motions

    “Power corrupts, and absolute power corrupts absolutely.” – Lord Acton
    Thus, checks and balances are essential to prevent tyranny and preserve democracy.

  • What are the methods used by the Farmers organizations to influence the policy- makers in India and how effective are these methods?

    Farmers’ organisations are collective associations that represent the interests of cultivators, agricultural laborers, and rural producers and seek to influence agricultural policy and secure fair prices. Eg- Bharatiya Kisan Union (BKU)

    Methods Used by Farmers’ Organisations to Influence Policymakers

    Protest and Agitation – Organize rallies, dharnas, sit-ins, and tractor marches etc. Eg- 2020-21 Farm Laws Protest.

    Lobbying and Negotiation – Engage directly with ministries, parliamentary committees, and NITI Aayog to submit memoranda, draft proposals, and policy recommendations.

    Electoral and Political Pressure

    Mobilize vote banks in rural constituencies and influence party manifestos.

    Forming political parties to contest elections. Eg- Shetkari Sanghatana in Maharashtra

    Use mass media, social media, and civil society networks to build public opinion. Eg- #NoFarmersNoFood campaigns on X.

    Coalition and Network Building – Create alliances with trade unions, civil society groups, and opposition parties. Eg- All India Kisan Sangharsh Coordination Committee (AIKSCC) unites over 200 farmer unions.

    Legal and Institutional Interventions – Eg- Farmer bodies filed PILs against land acquisition and farm laws.

    Effectiveness of Methods Used by Farmers’ Organisations

    Positive Outcomes

    Policy Reversals through sustained pressure. Eg- Repeal of the Three Farm Laws (2021) after year-long protests.

    Enhanced Political Awareness – Eg- Farmers’ mobilisation in western Uttar Pradesh and Punjab.

    Short-Term Economic Gains – Secured loan waivers, input subsidies, and MSP hikes.

    Brought rural issues to national discourse via social media.

    Greater Institutional Inclusion – Eg- Farmer representatives included in Committee on MSP (2022) for reform proposals.

    Strengthened Democratic Participation

    Limitations

    Fragmentation – divisions based on region, caste, and crop pattern. Eg- dominance of North Indian Farmers in Farm Laws protest

    Many farmer groups are linked with political parties, reducing credibility as neutral stakeholders.

    Role is majorly protective, limiting structural reforms. Eg- opposition to GM crops

    Weak Policy Research and Data-Based Advocacy

    Use of violent means – Eg- red fort incident during farm protests

    Marginalization of small and women farmers in representation

    Farmer movements represent the democratic heartbeat of rural India. They must move from protest-based mobilization to knowledge-based engagement with the state.

  • Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities.

    Doctrine of separation of powers is derived from Montesquieu’s Spirit of Laws (1748) and divides state power into Legislature, Executive, Judiciary to prevent concentration and arbitrariness.

    Judicial legislation, i.e., when courts make laws or frame policies, is generally inconsistent with this doctrine.

    Separation of Powers in India

    Art. 245-246 & 368 – Only legislature can enact/amend laws under

    Article 105, 194 – Executive cannot breach parliamentary privileges

    Art. 122, 212 – Courts cannot inquire into parliamentary/state legislature proceedings ().

    Art. 124(4) Judicial Conduct Immunity

    Judicial Independence – Security of tenure, salaries, and contempt powers.

    Judicial Legislation Antithetical to Separation of Powers

    Encroachment on Legislative Domain undermines Separation of Powers.

    Undermines Democratic Accountability – judges are unelected and not responsible for policy outcomes. Eg- Criticism of Ban on firecrackers (2017)

    Creates judicial supremacy and Judicial governance (Bhikhu Parekh) – Eg- Prakash Singh guidelines on police reforms

    Weakens Public trust in Legislature and Executive – Eg- Coal Allocation Case (2014) – Court cancelled 214 coal blocks, creating policy paralysis in the energy sector.

    Courts lack technical and administrative expertise for framing complex policy guidelines. Eg- Ban on diesel vehicles in NCR (2016)

    Judicial itself has warned against overreach in

    Aravali Golf Club v. Chander Hass (2008)- Court warned against “judicial enthusiasm turning into judicial adventurism.”

    State of Tamil Nadu v. State of Kerala (2014)- Reiterated that courts should not enter the policy-making domain.

    Justification for Filing Large Number of PILs

    Executive Inaction or Policy Vacuum Eg- Vishaka guidelines on workplace sexual harassment.

    Protection of Fundamental Rights – Eg- Hussainara Khatoon (1979) case Recognized right to speedy trial as FR under Article 21.

    Accountability and Transparency – Eg- In Vineet Narain case, SC issued directions to make CBI independent from political interference.

    Access to Justice – Liberal locus standi allows citizens to represent the poor and marginalized.

    Legislative or Administrative Delay – Eg- Navtej Johar (2018)- Decriminalized homosexuality after years of legislative inaction.

    Constitutional Mandate under Article 141 and 142 to uphold complete justice.

    Rise of Civil Society Activism – NGOs and activists use PILs to expose violations and empower citizens.Eg- M.C. Mehta Cases on environmental protection.

    Judicial Review powers under Article 13, 32, 226 to uphold Constitutional Supremacy

    Speedy Justice – timely intervention in cases affecting public interest. Eg- Olga Tellis (1985)- Protected the right to livelihood.

    Public Trust in Judiciary – Rise in PILs reflects citizens’ confidence in the judiciary as the last resort for justice.

    Issues

    Judicial Overreach- Encroachment into executive and legislative domains. Eg- SC ban on firecrackers was criticized for overreach.

    Weak Enforcement Capacity- Eg- Prakash Singh Police Reforms (2006) – Non-compliance by most states.

    Frivolous or Politically Motivated PILs increase pendency (more than 5Cr cases pending) Eg- Misuse in Election-related PILs delaying legitimate processes.

    Lack of Judicial Accountability- Eg- In-House Inquiry (Justice Ramaswamy case) exposed inadequacies in judicial discipline.

    Opaque Collegium System- criticised for lack of transparency and nepotism. Eg- uncle judge syndrome (law commission)

    Inconsistency and Selective Intervention- Uneven judicial response to similar issues affects credibility. Eg- Contrasting stances in Bail cases.

    Frequent judicial intrusion weakens separation of powers.

    Way Forward

    Institutional Restraint- Judiciary must uphold separation of powers

    Enforce strict scrutiny of PILs to prevent misuse for personal, political, or publicity motives.

    Develop a judgment-monitoring mechanism to ensure effective execution of court orders

    Promote constitutional literacy and encourage responsible use of judicial remedies by citizens.

    Dedicated PIL Cells in High Courts

    PILs represent participatory constitutionalism, ensuring that justice remains accessible, accountable, and rights-oriented.