NIRMALAGIRI COLLEGE POLITICAL SCIENCE NOTES

  Cooperative vs Competitive Federalism Based on the relationship between the central and state government–the concept of federalism is divided into- Co-operative federalism and Competitive federalism. In Cooperative federalism  the Centre and states share a horizontal relationship, where they “cooperate” in the larger public interest. It is an important tool to enable states’ participation in the formulation and implementation of national policies. Union and the states are constitutionally obliged to cooperate with each other on the matters specified in Schedule VII of the constitution. In Competitive federalism  the relationship between the Central and state governments is vertical and between state governments is horizontal. This idea of Competitive federalism gained significance in India post 1990s economic reforms. In a free-market economy, the endowments of states, available resource base and their comparative advantages all foster a spirit of competition. Increasin...

  The federal features of the Constitution of India are: Dual Polity : The Constitution establishes a dual polity consisting the Union at the Centre and the states at the periphery. Each is endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution Written Constitution: It specifies the structure, organisation, powers and functions of both the Central and state governments and prescribes the limits within which they must operate. Thus, it avoids the misunderstandings and disagreements between the two Division of Powers: The Constitution divided the powers between the Centre and the states in  terms of the Union List, State List and Concurrent List in the Seventh Schedule Supremacy of the Constitution The Constitution is the supreme (or the highest) law of the land. The laws enacted by the Centre and the states must confirm to its provisions. Thus, the organs of the government (legislative, executive and judicial) at both the le...

  Emergency provisions are contained in Part XVIII of the constitution, from articles 352 to 360 These provisions have been included to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the constitution During emergency, central government becomes all powerful and states are in the complete control of the union The federal structure becomes unitary without a formal amendment to the constitution Types of classification Article 352:  An emergency due to war, external aggression or armed rebellion. This is famously referred to as National Emergency. However, the constitution refers to this using the expression ‘proclamation of emergency’ to denote an emergency like this Article 356:  This emergency is imposed due to failure of the constitutional machinery. It is known as ‘President’s rule’, ‘State emergency’, ‘and Constitutional emergency’. The constitution does not use the term emergency in this context though Artic...

  Original constitution did not contain any provisions related to Fundamental Duties (FD) This section was added through 42 nd  amendment act to the constitution of India based on the recommendations of Swaran Singh Committee. In 2002, another Fundamental duty was added to this list The idea of this section was borrowed from USSR constitution Japanese constitution is one of the other democratic nations which have a provision dealing with the duties of its citizens Fundamental duties like DPSP are non-justiciable Swaran Singh Committee on Fundamental Duty It opined that in addition to enjoyment of certain rights by the citizens they also have certain duties to perform as well. This recommendation was accepted by the government A new section Part IVA was added and only one article was inserted in it Some recommendations of the committee which were not accepted include: Parliament may provide for any penalty for failure to adhere to any FD No law imposing such penalty could be qu...

  Classification of municipalities:  The act provides for the constitution of the following three-types of municipalities in every state- Nagar panchayat, municipal council, municipal corporation Composition:  All members of the municipality should be elected directly by the people. For this purpose, each municipal area shall be divided into territorial constituencies known was wards The state legislature is empowered to provide for the manner of election of the chairperson of a municipality The state legislature can also provide for representation of- persons having special knowledge who will not have the right to vote in the meeting, members of LS, RS, state legislature and council from the municipal area The chairpersons of the committees other than wards committee Wards Committees : Article 243S of the Constitution make the provisions for constitution and composition of Wards Committees, etc. consisting of one or more wards, within the territorial area of a Municipali...

  Though Rajiv Gandhi government and VP Singh government made efforts to entrust constitutional status to the PRI, the goal was achieved only during the time of Narasimha Rao government through the passage of 73 rd   constitutional amendment act Salient features of the act Gram Sabha It is a village assembly consisting of all the registered voters in the area of a panchayat It can perform such functions as the state legislature entrusts it with Three-tier system : It suggests PRI at village, intermediate and district level. Thus, bringing uniformity in the PRI. However, states having a population less than 20 lakh may not setup PRI Election : All the members at the village, intermediate and district level shall be elected directly by the people. The chairperson of the intermediate and district level shall be indirectly elected Chairman of the panchayat shall be elected in such a manner as the state legislature provides for Reservation of seats:  Seats shall be reserved fo...

  Balwant Rai Mehta Committee (1957)   was the first committee that recommended the establishment of the scheme of ‘democratic decentralization’ which ultimately came to be known as Panchayati Raj. Some of the major recommendations made by the committee are: Establishment of a three-tier panchayati raj system The village panchayats should be constituted with directly elected representatives Planning and development should be entrusted to them Adequate resources should be transferred to these bodies Proper system should be put place in to realize the devolution of powers Rajasthan was the first state to establish Panchayati Raj. It was inaugurated in 1959 in Nagaur district. Most of the states created the system in their states. However, there were wide-ranging differences between them. Some states had adopted two-tier system, others three-tier and four-tier. The manner of devolution of power was also varying across the country. Ashok Mehta Committee (1977) Was appointed by the...

The Constituent Assembly Demand for a Constituent Assembly The idea of a Constituent Assembly was first proposed by M.N. Roy. The Indian National Congress formally demanded a Constituent Assembly in 1935. Jawaharlal Nehru emphasized a Constituent Assembly elected by adult suffrage without external interference. The British accepted this demand in the August Offer of 1940. Composition of the Constituent Assembly Formed in 1946 under cabinet mission plan with 389 members. 296 members from British India, 93 from princely states. Members from British India were elected indirectly by provincial assemblies. Princely state representatives were nominated by their rulers. A mix of elected and nominated members. Working of the Constituent Assembly First meeting in December 1946 without Muslim League. Dr. Rajendra Prasad became President. Sir B.N. Rau was the constitutional advisor. Muslim League joined later due to the Mountbatten Plan. Held 11 sessions over two years. Adopted...

The Preamble to the Indian Constitution Source of the Constitution We, the People of India:  This foundational phrase emphasizes that the constitution derives its authority from the people of India, signifying popular sovereignty. Nature of the Indian State Sovereign, Socialist, Secular, Democratic Republic:  This phrase encapsulates the fundamental character of the Indian state. Sovereign:  India is an independent nation with the authority to govern itself without external interference. Socialist:  The state aims to reduce economic inequalities and ensure social justice. (Added through the 42nd Amendment) Secular:  The state respects all religions equally and maintains neutrality. (Added through the 42nd Amendment) Democratic:  Power rests with the people, who elect their representatives. Republic:  The head of state (President) is elected, not hereditary. Objectives of the Indian State Justice, Liberty, Equality, Fraternity: ...

  Lengthiest written constitution Constitution can be classified into written constitution such as that of America or unwritten constitution such as that UK. The constitution of India is a written constitution which happens to be the lengthiest written constitution in the world. It is comprehensive, elaborate and a detailed document The factors that have contributed to this phenomenon are: geographical factors (vastness of country and diversity), Historical factors (Influence of GoI, 1935), Single constitution for both centre and state and dominance of legal luminaries Drawn from various sources It has borrowed most of its provisions from the constitution of various other countries as well as from the Government of India act, 1935. Ex: structural part from GoI, 1935, independence of judiciary from USA, Fundamental Rights from USA etc Though it is borrowed, the Indian constitution-makers made sure the borrowed features were made suitable to Indian conditions.  Ex : Though we bo...