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

Civilsdaily

Login

Subject: Polity

  • In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?

    In Abhiram Singh vs UoI, SC has held that elections are the biggest secular and democratic event. EVMs were introduced to improve transparency and efficiency of the electoral process.

    Challenges before the Election Commission of India (ECI)

    Technical and Operational Challenges

    Allegations of EVM tampering and demand for Postal Ballot system.

    EVMs are produced by PSU’s BEL and ECIL– concerns about source code security and potential government misuse.

    Large-scale deployment increases risk of technical failure, power supply issues, and storage vulnerability.

    Institutional and Procedural Challenges

    Political polarisation has led to accusations of bias against ECI decisions (timing of elections, model code enforcement).

    Lack of transparency- Limited access for political parties and civil society to audit or inspect EVM functioning.

    Opposition parties demand 100% VVPAT verification or return to ballot papers, which the ECI has resisted citing impracticality.

    Legal and Regulatory Challenges

    Use of EVMs is governed by Conduct of Elections Rules, 1961, not by a specific EVM legislation.

    Judicial scrutiny and legal disputes- Repeated petitions challenge credibility of EVMs and VVPAT counting procedures.

    Despite SC directives (2024) to improve VVPAT counting transparency and preserve paper trail records – compliance remains partial.

    Public Perception and Political Trust Deficit

    Decline in citizen confidence- Lack of understanding of EVM functioning leads to misinformation and conspiracy theories.

    Political blame culture- Losing parties often question EVM integrity, politicising the institution’s credibility.

    Social media misinformation- Viral false claims about EVM manipulation erode voter trust. Eg- “Black Box” Allegations (2024)

    ECI’s Stand

    EVMs are standalone, non-networked machines; cannot be hacked remotely.

    Rigorous mock polling, sealing, randomisation, and observer monitoring prevent manipulation.

    Technical Expert Committee (TEC) from IITs and DRDO regularly reviews EVM integrity.

    Way Forward

    Conduct independent third-party audits (IITs, NIC) of EVM software and random samples.

    VVPAT Verification – Increase sample size or audit entire constituency in disputed cases.

    Launch voter education campaigns explaining EVM and VVPAT mechanisms

    Enact a dedicated “Electronic Voting Regulation Act” ensuring independent oversight

    Free and fair elections are the cornerstone of democracy (Art. 324). Enhancing the transparency in use of EVM’s is thus essential.

  • Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force?

    The framers of the Indian Constitution, drawing from the experience of political and economic instability during colonial times, provided for Financial Emergency under Article 360.

    Circumstances for Proclamation

    The President may proclaim a Financial Emergency if he is satisfied that the financial stability or credit of India, or any part thereof, is threatened.

    Such a proclamation must be approved by both Houses of Parliament within 2 months (30 days if Lok Sabha is dissolved).

    Once approved, it remains in force until revoked by the President; no maximum time limit is prescribed.

    Consequences of Financial Emergency

    Union Control over State Finances – The Union can direct States to follow financial discipline and reduce expenditure.

    Reservation of Money Bills – All State Money Bills must be reserved for the President’s approval.

    Reduction of Salaries – The President may direct reduction in salaries and allowances of persons serving the Union or State, including judges of the Supreme Court and High Courts.

    Executive Directions – Union may issue binding directions to States regarding financial propriety.

    Centralisation of Fiscal Powers – Parliament acquires a dominant role in fiscal management, subordinating State autonomy.

    Though never invoked in India, the provision of Financial Emergency underscores the precautionary design of the Constitution.

  • Why do you think the committees are considered to be useful for parliamentary work? Discuss, in this context, the role or the Estimates Committee.

    According to LS speaker Om Birla, Parliamentary Committees are the “backbone of parliamentary democracy.

    Parliamentary committees

    Standing Committees – PAC, Estimate committee, Committee on public undertaking

    Ad-Hoc Committees – Eg- JPC

    Importance of Parliamentary Committees

    Checks and Balances – Eg- PAC examined CAG’s 2G spectrum report for irregularities.

    In-Depth Policy Analysis – Enable clause-by-clause scrutiny of Bills, which is not possible in open House debates. Eg- JPC on Data Protection Bill (2019) proposed over 90 amendments

    Reducing Legislative Workload – Committees share Parliament’s burden, ensuring thorough scrutiny without delaying legislation.

    Expert Consultation – Committees invite experts, industry, and civil society to promote evidence-based policymaking.

    Budgetary Oversight – Departmentally Related Standing Committees (DRSCs) analyse ministry budgets to ensure fiscal prudence.

    Consensus Building – Committees promote bipartisan dialogue, e.g., IT Committee built consensus on the Personal Data Protection Bill (2019).

    Public Engagement – Committees seek public and expert inputs, e.g., Standing Committee on Environment reviewed the EIA Draft Notification (2020).

    Continuity in Oversight – Committees function year-round, ensuring continuous policy review beyond parliamentary sessions.

    Bridging Knowledge Gaps – Committees enhance MPs’ expertise through research support and technical briefings.

    Role of the Estimates Committee

    Established under Rule 310 of the Lok Sabha, it has 30 Lok Sabha members and is chaired by a ruling party MP.

    Examines budget estimates to ensure efficiency, economy, and effectiveness.

    Suggests alternative policies for better fiscal management and administrative reform.

    Monitors implementation of government schemes and performance of ministries.

    Eg- Under Murli Manohar Joshi (2018), it reviewed PSU disinvestment and defence procurement, highlighting fiscal prudence.

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

  • “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 (Laïcité)

    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.”