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But this is clearly not enough. Suppose you decided who had the authority
to make decisions. But then this authority passed laws that you thought
were patently unfair. It prohibited you from practising your religion for
instance. Or it enjoined that clothes of a certain colour were prohibited, or
that you were not free to sing certain songs or that people who belonged to a
particular group (caste or religion) would always have to serve others and
would not be allowed to retain any property. Or that government could
arbitrarily arrest someone, or that only people of a certain skin colour would
be allowed to draw water from wells. You would obviously think these laws
were unjust and unfair. And even though they were passed by a government
that had come into existence based on certain procedures there would be
something obviously unjust about that government enacting these laws.
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This means the people as a collective entity come into being only
through the basic constitution. It is by agreeing to a basic set of norms
about how one should be governed, and who should be governed that one
forms a collective identity. One has many sets of identities that exist prior to
a constitution. But by agreeing to certain basic norms and principles one
constitutes one’s basic political identity. Second, constitutional norms are
the overarching framework within which one pursues individual aspirations,
goals and freedoms. The constitution set authoritative constraints upon
what one may or may not do. It defines the fundamental values that we may
not trespass. So the constitution also gives one a moral identity. Third and
finally, it may be the case that many basic political and moral values are
now shared across different constitutional traditions.
If one looks at constitutions around the world, they differ in many respects –
–– in the form of government they enjoin in many procedural details. But
they also share a good deal. Most modern constitutions create a form of
government that is democratic in some respects, most claim to protect
certain basic rights. But constitutions are different in the way they embody
conceptions of natural identity. Most nations are an amalgamation of a
complex set of historical traditions; they weave together the diverse groups
that reside within the nation in different ways. For example, German
identity was constituted by being ethnically German. The constitution gave
expression to this identity. The Indian Constitution, on the other hand, does
not make ethnic identity a criterion for citizenship. Different nations embody
different conceptions of what the relationship between the different regions
of a nation and the central government should be. This relationship
constitutes the national identity of country.
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We have outlined some of the functions a constitution performs. These
functions explain why most societies have a constitution. But there are
three further questions we can ask about constitution:
a) What is a constitution?
b) How effective is a constitution?
c) Is a constitution just?
But many constitutions around the world exist only on paper; they are
mere words existing on a parchment. The crucial question is: how effective
is a constitution? What makes it effective? What ensures that it has a real
impact on the lives of people? Making a constitution effective depends upon
many factors.
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This refers to how a constitution comes into being. Who crafted the
constitution and how much authority did they have? In many countries
constitutions remain defunct because they crafted by military leaders or
leaders who are not popular and do not have the ability to carry the people
with them. The most successful constitutions, like India, South Africa and
the United State, are constitutions which were created in the aftermath of
popular national movements. Although India’s Constitution was formally
created by a Constituent assembly between December 1946 and November
1949, it drew upon a long history of the nationalist movement that had a
remarkable ability to take along different sections of Indian society together.
The Constitution drew enormous legitimacy from the fact that it was drawn
up by people who enjoyed immense public credibility, who had the capacity
to negotiate and command the respect of a wide cross-section of society, and
who were able to convince the people that the constitution was not an
instrument for the aggrandisement of their personal power. The final
document reflected the broad national consensus at the time.
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Making a constitution is not always an easy and smooth affair. Nepal is an
example of the complicated nature of constitution making. Since 1948,
Nepal has had five constitutions, in 1948, 1951, 1959, 1962 and 1990. But
all these constitutions were ‘granted’ by the King of Nepal. The 1990
constitution introduced a multiparty competition, though the King
continued to hold final powers in many respects. For the last ten years
Nepal was faced with militant political agitations for restructuring the
government of the country. The main issue was the role of the monarchy in
the constitution of Nepal. Some groups in Nepal wanted to abolish the
institution of monarchy and establish republican form of government in
Nepal. Others believed that it may be useful to shift to limited monarchy
with a reduced role for the King. The King himself was not ready to give up
powers. He took over all powers in October 2002. Many political parties and
organisations were demanding the formation of a new constituent assembly.
The Communist Party of Nepal (Maoist) was in the forefront of the struggle
for a popularly elected constituent assembly. Finally, under pressure of
popular agitation, the King had to instal a government acceptable to the
agitating parties. This government has stripped the King of almost all
powers. Now, all the parties are trying to decide the manner in which a
constituent assembly will be formed.
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It is the hallmark of a successful constitution that it gives everyone in
society some reason to go along with its provisions. A constitution that, for
instance, allowed permanent majorities to oppress minority groups within
society would give minorities no reason to go along with the provision of the
constitution. Or a constitution that systematically privileged some members
at the expense of others, or that systematically entrenched the power of
small groups in society, would cease to command allegiance. If any group
feels their identity is being stifled, they will have no reason to abide by the
constitution. No constitution by itself achieves perfect justice. But it has to
convince people that it provides the framework for pursuing basic justice.
The more a constitution preserves the freedom and equality of all its
members, the more likely it is to succeed. Does the Indian Constitution,
broadly speaking, give everyone a reason to go along with its broad outlines?
After studying this book, one should be able to answer this question in the
affirmative.
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Constitutions are often subverted, not by the people, but by small groups, who
wish to enhance their own power. Well crafted constitutions fragment power in
society intelligently so that no single group can subvert the constitution. One
way of such intelligent designing of a constitution is to ensure that no single
institution acquires monopoly of power. This is often done by fragmenting
power across different institutions. The Indian Constitution, for example,
horizontally fragments power across different institutions like the Legislature,
Executive and the Judiciary and even independent statutory bodies like the
Election Commission. This ensures that even if one institution wants to subvert
the Constitution, others can check its transgressions. An intelligent system of
checks and balances has facilitated the success of the Indian Constitution.
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Let us find out how the Indian Constitution was made. Formally, the
Constitution was made by the Constituent Assembly which had been elected
for undivided India. It held its first sitting on 9 December 1946 and re-
assembled as Constituent Assembly for divided India on 14 August 1947. Its
members were elected by indirect election by the members of the Provisional
Legislative Assemblies that had been established in 1935. The Constituent
Assembly was composed roughly along the lines suggested by the plan
proposed by the committee of the British cabinet, known as the Cabinet
Mission. According to this plan:
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As a consequence of the Partition under the plan of 3 June 1947 those
members who were elected from territories which fell under Pakistan ceased
to be members of the Constituent Assembly. The numbers in the Assembly
were reduced to 299 of which 284 were actually present on 26 November
1949 and appended their signature to the Constitution as finally passed.
The Constitution was thus framed against the backdrop of the horrendous
violence that the Partition unleashed on the sub-continent. But it is a
tribute to the fortitude of the framers that they were not only able to draft a
constitution under immense pressure, but also learnt the right lessons from
the unimaginable violence that accompanied Partition. The Constitution was
committed to a new conception of citizenship, where not only would
minorities be secure, but religious identity would have no bearing on
citizenship rights.
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The authority of the Constituent Assembly does not come only from the fact
that it was broadly, though not perfectly, representative. It comes from the
procedures it adopted to frame the Constitution and the values its members
brought to their deliberations. While in any assembly that claims to be
representative, it is desirable that diverse sections of society participate, it is
equally important that they participate not only as representatives of their
own identity or community. Each member deliberated upon the Constitution
with the interests of the whole nation in mind. There were often
disagreements amongst members, but few of these disagreements could be
traced to members protecting their own interests.
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The Constitution drew its authority from the fact that members
of the Constituent Assembly engaged in what one might call public
reason. The members of the Assembly placed a great emphasis on
discussion and reasoned argument. They did not simply advance their
own interests, but gave principled reasons to other members for their
positions. The very act of giving reasons to others makes you move
away from simply a narrow consideration of your own interest because
you have to give reasons to others to make them go along with your
view point. The voluminous debates in the Constituent Assembly,
where each clause of the Constitution was subjected to scrutiny and
debate, is a tribute to public reason at its best. These debates
deserved to be memorialised as one of the most significant chapters in
the history of constitution making, equal in importance to the French
and American revolutions.
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The importance of public reason was emphasised in the mundane
procedures of the Assembly as well. The Constituent Assembly had
eight major Committees on different subjects. Usually, Jawaharlal
Nehru, Rajendra Prasad, Sardar Patel, Maulana Azad or Ambedkar
chaired these Committees. These were not men who agreed with each
other on many things. Ambedkar had been a bitter critic of the
Congress and Gandhi, accusing them of not doing enough for the
upliftment of Scheduled Castes. Patel and Nehru disagreed on many
issues. Nevertheless, they all worked together. Each Committee
usually drafted particular provisions of the Constitution which were
then subjected to debate by the entire Assembly. Usually an attempt
was made to reach a consensus with the belief that provisions agreed
to by all, would not be detrimental to any particular interests. Some
provisions were subject to the vote. But in each instance every single
argument, query or concern was responded to with great care and in
writing. The Assembly met for one hundred and sixty six days, spread
over two years and eleven months. Its sessions were open to the press
and the public alike.
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But no constitution is simply a product of the Assembly that produces it. An
Assembly as diverse as the Constituent Assembly of India could not have
functioned if there was no background consensus on the main principles the
Constitution should enshrine. These principles were forged during the long
struggle for freedom. In a way, the Constituent Assembly was giving
concrete shape and form to the principles it had inherited from the
nationalist movement. For decades preceding the promulgation of the
Constitution, the nationalist movement had debated many questions that
were relevant to the making of the constitution–the shape and form of
government India should have, the values it should uphold, the inequalities
it should overcome. Answers forged in those debates were given their final
form in the Constitution.
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The third factor ensuring effectiveness of a constitution is a balanced
arrangement of the institutions of government. The basic principle is that
government must be democratic and committed to the welfare of the people.
The Constituent Assembly spent a lot of time on evolving the right balance
among the various institutions like the executive, the legislature and the
judiciary. This led to the adoption of the parliamentary form and the federal
arrangement, which would distribute governmental powers between the
legislature and the executive on the one hand and between the States and
the central government on the other hand.
But borrowing these ideas was not slavish imitation. Far from it. Each
provisions of the Constitution had to be defended on grounds that it was
suited to Indian problems and aspirations. India was extremely lucky to
have an Assembly that instead of being parochial in its outlook could take
the best available everywhere in the world and make it their own.
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During our freedom struggle, the leaders of the freed movement had realised
the importance of rights and demanded that the British rulers should
respect rights of the people. The Motilal Nehru committee had demand a bill
of rights as far back as in 1928. It was therefore natural that when India
became independent and Constitution was being prepared, there were no
two opinions on the inclusion and protection of rights in the Constitution.
The Constitution listed the rights that would be specially protected and
called them ‘fundamental rights’.
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Right to equality tries to do away with such and other discriminations.
It provides for equal access to public places like shops, hotels, places
of entertainment, wells, bathing ghats and places of worship. There
cannot be any discrimination in this access on the basis of caste,
creed, colour, sex, religion, or place of birth. It also prohibits any
discrimination in public employment on any of the above mentioned
basis. This right is very important because our society did not practice
equal access in the past. The practice of untouchability is one of the
crudest manifestations of inequality. This has been abolished under
the right to equality. The same right also provides that the state shall
confer no title on a person except those who excel themselves in
military or academic field. Thus right to equality strives to make India
a true democracy by ensuring a sense of equality of dignity and status
among all its citizens. Have you read the Preamble to our
Constitution? How does it describe equality? You will find that the
Preamble mentions two things about equality.
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Article 16 (4): Nothing in this article shall prevent the State from making any
provision for the reservation of appointments or posts in favour of any
backward class of citizens which, in the opinion of the State, is not
adequately represented in the services under the State. Equality of status
and equality of opportunity. Equality of opportunity means that all sections
of the society enjoy equal opportunities. But in a society where there are
various kinds of social inequalities, what does equal opportunity mean? The
Constitution clarifies that the government can implement special schemes
and measures for improving the conditions of certain sections of society:
children, women, and the socially and educationally backward classes. You
may have heard about ‘reservations’ in jobs, and in admissions. You would
have wondered why there are reservations if we follow the principle of
equality. In fact Article 16(4) of the constitution explicitly clarifies that a
policy like reservation will not be seen as a violation of right to equality. If
you see the spirit of the Constitution, this is required for the fulfilment of
the right to equality of opportunity.
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The foremost right among rights to freedom is the right to life and personal
liberty. No citizen can be denied his or her life except by procedure as laid
down under the law. Similarly no one can be denied his/her personal
liberty. That means no one can be arrested without being told the grounds
for such an arrest. If arrested, the person has the right to defend himself by
a lawyer of his choice. Also, it is mandatory for the police to take that person
to the nearest magistrate within 24 hours. The magistrate, who is not part of
the police, will decide whether the arrest is justified or not.
This right is not just confined to a guarantee against taking away of
an individual’s life but has wider application. Various judgments of Supreme
Court have expanded the scope of this right. The Supreme Court has ruled
that this right also includes right to live with human dignity, free from
exploitation. The court has held that right to shelter and livelihood is also
included in the right to life because no person can live without the means of
living, that is, the means of livelihood.
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You can see that under the right to freedom there are some other rights as
well. These rights however are not absolute. Each of these is subject to
restrictions imposed by the government.
For example right to freedom of speech and expression is subject to
restrictions such as public order, peace and morality etc. Freedom to
assemble too is to be exercised peacefully and without arms. The
government may impose restrictions in certain areas declaring the assembly
of five or more persons as unlawful. Such powers can be easily misused by
the administration. The genuine protest against an act or policy of
government by the people may be denied permission. However, if the people
are aware and vigilant in regard to their rights and choose to protest against
such acts of administration such misuse becomes rare. In the Constituent
Assembly itself, some members had expressed their dissatisfaction about
restrictions on rights.
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In our country there are millions of people who are underprivileged and
deprived. They may be subjected to exploitation by their fellow human
beings. One such form of exploitation in our country has been begar or
forced labour without payment. Another closely related form of exploitation
is buying and selling of human beings and using them as slaves. Both of
these are prohibited under the Constitution. Forced labour was imposed by
landlords, money lenders and other wealthy persons in the past. Some form
of bonded labour still continues in the country, specially in brick kiln work.
It has now been declared a crime and it is punishable.
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When we talk of the Indian society, the image of diversity comes before our
minds. India is not made up of a monolithic society. We are a society that
has vast diversity. In such a society that is full of diversity, there would be
social sections which are small in numbers compared to some other groups.
If a group is in minority, will it have to adopt the culture of the majority?
Our Constitution believes that diversity is our strength. Therefore, one of the
fundamental rights is the right of the minorities to maintain their culture.
This minority status is not dependent only upon religion. Linguistic and
cultural minorities are also included in this provision. Minorities are groups
that have common language or religion and in a particular part of the
country or in the country as a whole, they are outnumbered by some other
social section. Such communities have a culture, language and a script of
their own, and have the right to conserve and develop these.
All minorities, religious or linguistic, can set up their own educational
institutions. By doing so, they can preserve and develop their own culture.
The government will not, while granting aid to educational institutions,
discriminate against any educational institution on the basis that it is under
the management of minority community.
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One would agree that our Constitution contains a very impressive list of
Fundamental Rights. But merely writing down a list of rights is not enough.
There has to be a way through which they could be realised in practice and
defended against any attack on these rights. Right to constitutional
remedies is the means through which this is to be achieved. Dr. Ambedkar
considered the right to constitutional remedies as ‘heart and soul of the
constitution’. It is so because this right gives a citizen the right to approach
a High Court or the Supreme Court to get any of the fundamental rights
restored in case of their violation. The Supreme Court and the High Courts
can issue orders and give directives to the government for the enforcement
of rights. The courts can issue various special orders known as writs.
Apart from the judiciary, many other mechanisms have been created in
later years for the protection of rights. You may have heard about the
National Commission on Minorities, the National Commission on Women,
the National Commission on Scheduled Castes, etc. These institutions
protect the rights of women, minorities or Dalits. Besides, the National
Human Rights Commission has also been established by law to protect the
fundamental and other kinds of rights.
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The makers of our Constitution knew that independent India was going to
face many challenges. Foremost among these was the challenge to bring
about equality and well-being of all citizens. They also thought that certain
policy direction was required for handling these problems. At the same time,
the Constitution did not want future governments to be bound by certain
policy decisions.
Therefore, some guidelines were incorporated in the Constitution but
they were not made legally enforceable: this means that if a government did
not implement a particular guideline, we cannot go to the court asking the
court to instruct the government to implement that policy. Thus, these
guidelines are ‘non-justiciable’ i.e., parts of the Constitution that cannot be
enforced by the judiciary. Those who framed our Constitution thought that
the moral force behind these guidelines would ensure that the government
would take them seriously. Besides, they expected that the people would
also hold the governments responsible for implementing these directives. So,
a separate list of policy guidelines is included in the Constitution.
The list of these guidelines is called the Directive Principles of State Policy.
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Behind the controversy about the relationship between rights and directive
principles, there was one important reason: in the Constitution, originally,
there was a fundamental right to ‘acquire, possess and maintain’ property.
But the Constitution made it clear that property could be taken away by the
government for public welfare. Since 1950, government made many laws
that limited this right to property. This right was at the centre of the long
debate over the relationship between rights and directive principles. Finally,
in 1973, the Supreme Court gave a decision that the right to property was
not part of the basic structure of the Constitution and therefore, parliament
had power to abridge this right by an amendment. In 1978, the 44th
amendment to the Constitution removed the right to property from the list of
Fundamental Rights and converted it into a simple legal right.
What difference, do you think, this change of status makes to the right to
property?
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Have you ever played chess? What would happen if the black knight
suddenly started moving straight rather than two and a half squares? Or,
what would happen if in a game of cricket, there were no umpires? In any
sport, we need to follow certain rules. Change the rules and the outcome of
the game would be very different. Similarly a game needs an impartial
umpire whose decision is accepted by all the players. The rules and the
umpire have to be agreed upon before we begin to play a game. What is true
of a game is also true of elections. There are different rules or systems of
conducting elections. The outcome of the election depends on the rules we
have adopted. We need some machinery to conduct the elections in an
impartial manner. Since these two decisions need to be taken before the
game of electoral politics can begin, these cannot be left to any government.
That is why these basic decisions about elections are written down in the
constitution of a democratic country.
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You may have noted above a reference to different methods or the systems of
elections. You may have wondered what these were all about. You may have
seen or read about different methods of electioneering or campaigning in the
elections. But what are different methods of elections? There is a system of
conducting elections. There are authorities and rules about do’s and don’ts.
Is that what election system is all about? You may have wondered why the
constitution needs to write down how the votes are to be counted and
representatives elected. Isn’t that very obvious? People go and vote. The
candidate who gets highest votes gets elected. That is what elections are all
over the world. Why do we need to think about it?
We need to, because this question is not as simple as it appears to us.
We have got so used to our system of elections that we think that there
cannot be any other way. In a democratic election, people vote and their
preference decides who will win the contest. But there can be very different
ways in which people make their choices and very different ways in which
their preferences can be counted. These different rules of the game can
make a difference to who the winner of the game will be. Some rules can
favour bigger parties; some rules can help the smaller players. Some rules
can favour the majority community, others can protect the minorities. Let us
look at one dramatic instance to see how this happens.
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Let us compare this to how elections take place in Israel that follows a very
different system of elections. In Israel once the votes are counted, each party
is allotted the share of seats in the parliament in proportion to its share of
votes (see Box). Each party fills its quota of seats by picking those many of
its nominees from a preference list that has been declared before the
elections. This system of elections is called the Proportional Representation
(PR) system. In this system a party gets the same proportion of seats as its
proportion of votes.
In the PR system there could be two variations. In some countries, like Israel
or Netherlands, the entire country is treated as one constituency and seats
are allocated to each party according to its share of votes in the national
election. The other method is when the country is divided into several multi-
member constituencies as in Argentina and Portugal. Each party prepares a
list of candidates for each constituency, depending on how many have to be
elected from that constituency. In both these variations, voters exercise their
preference for a party and not a candidate. The seats in a constituency are
distributed on the basis of votes polled by a party. Thus, representatives
from a constituency, would and do belong to different parties. In India, we
have adopted PR system on a limited scale for indirect elections. The
Constitution prescribes a third and complex variation of the PR system for
the election of President, Vice President, and for the election to the Rajya
Sabha and Vidhan Parishads.
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The reason for the popularity and success of the FPTP system is its
simplicity. The entire election system is extremely simple to understand
even for common voters who may have no specialised knowledge about
politics and elections. There is also a clear choice presented to the voters
at the time of elections. Voters have to simply endorse a candidate or a
party while voting. Depending on the nature of actual politics, voters may
either give greater importance to the party or to the candidate or balance
the two. The FPTP system offers voters a choice not simply between
parties but specific candidates. In other electoral systems, especially PR
systems, voters are often asked to choose a party and the representatives
are elected on the basis of party lists. As a result, there is no one
representative who represents and is responsible for one locality. In
constituency based system like the FPTP, the voters know who their own
representative is and can hold him or her accountable.
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There are certain social groups which may be spread across the country.
In a particular constituency, their numbers may not be sufficient to be
able to influence a victory of a candidate. However, taken across the
country they are a significantly sizeable group. To ensure their proper
representation, a system of reservation becomes necessary. The
Constitution provides for reservation of seats in the Lok Sabha and State
Legislative Assemblies for the Scheduled Castes and Scheduled Tribes.
This provision was made initially for a period of 10 years and as a result
of successive constitutional amendments, has been extended up to 2010.
The Parliament can take a decision to further extend it, when the period
of reservation expires. The number of seats reserved for both of these
groups is in proportion to their share in the population of India. Today, of
the 543 elected seats in the Lok Sabha, 79 are reserved for Scheduled
Castes and 41 are reserved for Scheduled Tribes (as on 1 September
2012).
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Rahul’s
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dkSu ls fuokZpu {ks= vkjf{kr gksaxs] ;g dkSu r; djrk gS\ fdl vk/kj ij
;g fu.kZ; fy;k tkrk gS\ ;g fu.kZ; ,d Lora= laLFkk }kjk fy;k tkrk gS
ftls ifjlheu vk;ksx dgrs gSaA jk"Vªifr ifjlheu vk;ksx dk xBu djrs
gSaA ;g pquko vk;ksx ds lkFk fey dj dke djrk gSA bldk xBu iwjs ns'k
esa fuokZpu {ks=ksa dh lhek [khapus ds mís'; ls fd;k tkrk gSA izR;sd jkT;
esa vkj{k.k ds fy, fuokZpu {ks=ksa dk ,d dksVk gksrk gS tks ml jkT; esa
vuqlwfpr tkfr ;k vuqlwfpr tutkfr dh la[;k ds vuqikr esa gksrk gSA
ifjlheu ds ckn] ifjlheu vk;ksx izR;sd fuokZpu {ks= esa tula[;k dh
lajpuk ns[krk gSA ftu fuokZpu {ks=ksa esa vuqlwfpr tutkfr;ksa dh tula[;k
lcls T+;knk gksrh gS mls muds fy, vkjf{kr dj fn;k tkrk gSA vuqlwfpr
tkfr;ksa ds ekeys esa] ifjlheu vk;ksx nks ckrksa ij è;ku nsrk gSA vk;ksx
mu fuokZpu {ks=ksa dks pqurk gS ftlesa vuqlwfpr tkfr;ksa dk vuqikr T+;knk
gksrk gSA ysfdu og bu fuokZpu {ks=ksa dks jkT; ds fofHkUu Hkkxksa esa QSyk
Hkh nsrk gSA ,slk blfy, fd vuqlwfpr tkfr;ksa dk iwjs ns'k esa fo[kjko
le:i gSA tc dHkh Hkh ifjlheu dk dke gksrk gS] bu vkjf{kr fuokZpu
{ks=ksa esa dqN ifjorZu dj fn;k tkrk gSA lafo/kku vU; misf{kr ;k deT+kksj
oxks± ds fy, bl izdkj ds vkj{k.k dh dksbZ O;oLFkk ugha djrkA b/kj]
yksdlHkk vkSj jkT;ksa dh fo/kku lHkkvksa esa efgykvksa ds fy, vkj{k.k dh
Tkksjnkj ek¡x mBh gSA ;g ns[krs gq;s fd izfrfuf/k laLFkkvksa esa cgqr de
efgyk,¡ pquh tkrh gSa] muds fy, ,d&frgkbZ lhVsa vkjf{kr djus dh ckr gks
jgh gSA 'kgjh vkSj xzkeh.k LFkkuh; ljdkjksa esa efgykvksa ds fy, lhVsa
vkjf{kr dj nh xbZ gSaA bls ge LFkkuh; ljdkj okys vè;k; esa i<+saxsA
yksdlHkk vkSj fo/kku lHkk esa ,slh gh O;oLFkk djus ds fy, lafo/kku dk
la'kks/ku djuk iM+sxkA blds fy, yksdlHkk esa dbZ ckj la'kks/ku izLrko yk;k
x;k] ij mls ikfjr ugha fd;k tk ldkA
Rahul’s
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PRACTICE SET-44
In 1978 the constitution of Sri Lanka was amended and the system of
Executive Presidency was introduced. Under the system of Executive
Presidency, people directly elect the President. It may happen that
both the President and the Prime Minister belong to the same political
party or to different political parties.
The President has vast powers under the constitution. The
President chooses the Prime Minister from the party that has a
majority in the Parliament. Though ministers must be members of the
Parliament, the President has the power to remove the Prime Minister,
or ministers. Apart from being the elected Head of State and the
Commander-in- Chief of the Armed Forces, the President is also the
Head of the Government.
Elected for a term of six years, the President cannot be removed
except by a resolution in the parliament passed by at least two-thirds
of the total number of Members of Parliament. If it is passed by not
less than one-half of the total number of Members of Parliament and
the Speaker is satisfied that such allegations merit inquiry then the
Speaker can report the matter to the Supreme Court. How is the
position of the President and Prime Minister in Sri Lanka different
from India? Compare the role of Supreme Court in the impeachment of
the President in India and Sri Lanka
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Rahul’s
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PRACTICE SET-45
Apart from laying down a method of elections, the Constitution answers two
basic questions about elections: Who are the voters? Who can contest
elections? In both these respects our Constitution follows the well
established democratic practices. You already know that democratic
elections require that all adult citizens of the country must be eligible to vote
in the elections. This is known as universal adult franchise. In many
countries, citizens had to fight long battles with the rulers to get this right.
In many countries, women could get this right very late and only after
struggle. One of the important decisions of the framers of the Indian
Constitution was to guarantee every adult citizen in India, the right to vote.
Till 1989, an adult Indian meant an Indian citizen above the age of 21. An
amendment to the Constitution in 1989, reduced the eligibility age to 18.
Adult franchise ensures that all citizens are able to participate in the
process of selecting their representative. This is consistent with the principle
of equality and non-discrimination that we studied in the chapter on rights.
Many people thought and many think so today that giving the right to vote
to everyone irrespective of educational qualification was not right. But our
Constitution makers had a firm belief in the ability and worth of all adult
citizens as equals in the matter of deciding what is good for the society, the
country and for their own constituencies.
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pquko dk rjhdk fu/kkZfjr djus ds vfrfjDr lafo/kku pqukoksa ds ckjs esa nks
vU; ewy iz'uksa ds mÙkj nsrk gS&ernkrk dkSu gS vkSj dkSu pquko yM+ ldrk
gS\ bu nksuksa fcanqvksa ij gekjk lafo/kku iw.kZ :i ls LFkkfir yksdrkaf=d
ijaijkvksa dk ikyu djrk gSA vki tkurs gSa fd yksdrkaf=d pqukoksa esa ns'k
ds lHkh o;Ld ukxfjdksa dks pquko esa oksV nsus dk vf/kdkj gksuk Tk:jh gSA
blh dks lkoZHkkSfed o;Ld erkfèkdkj ds uke ls tkurs gSaA vusd ns'kksa esa
ukxfjdksa dks bl vf/kdkj dks izkIr djus ds fy, vius 'kkldksa ls cgqr
yach yM+kbZ yM+uh iM+hA cgqr ls ns'kksa esa rks efgykvksa dks ;g vf/kdkj dkQh
nsj ls vkSj cM+s la?k"kZ ds ckn feykA Hkkjrh; lafo/kku fuekZrkvksa us ,d
egRoiw.kZ fu.kZ; ds }kjk izR;sd o;Ld Hkkjrh; ukxfjd dks oksV nsus dk
vf/kdkj iznku fd;kA 1989 rd] 21 o"kZ ls Åij ds Hkkjrh; ukxfjdksa dks
o;Ld Hkkjrh; ekuk tkrk FkkA 1989 esa lafo/kku ds ,d la'kks/ku ds }kjk
bls ?kVk dj 18 o"kZ dj fn;k x;kA o;Ld erkf/kdkj lHkh ukxfjdksa dks
vius izfrfuf/k;ksa dh p;u izfØ;k esa Hkkx ysus dk volj iznku djrk gSA
;g lekurk vkSj xSj&HksnHkko ds fl¼kar ds vuq:i gS] ftldk vè;;u geus
vf/kdkjksa okys vè;k; esa fd;k gSA vusd yksx igys vkSj vkt Hkh ,slk
ekurs gSa fd fcuk 'kS{kf.kd ;ksX;rk ds lHkh dks oksV nsus dk vf/kdkj nsuk
lgh fu.kZ; ugha FkkA ysfdu gekjs lafo/kku fuekZrkvksa dks lHkh ukxfjdksa dh
;ksX;rk vkSj egÙo esa leku :i ls fo'okl Fkk fd os lekt] ns'k vkSj
vius fuokZpu {ks= ds fgr esa fu.kZ; ys ldrs gSaA
Rahul’s
a blue print of success
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PRACTICE SET-46
On the basis of the above discussion can we infer that the President has no
discretionary power under any circumstances? This will be an incorrect
assessment. Constitutionally, the President has a right to be informed of all
important matters and deliberations of the Council of Ministers. The Prime
Minister is obliged to furnish all the information that the President may call
for. The President often writes to the Prime Minister and expresses his views
on matters confronting the country.
Besides this, there are at least three situations where the President
can exercise the powers using his or her own discretion. In the first place,
we have already noted that the President can send back the advice given by
the Council of Ministers and ask the Council to reconsider the decision. In
doing this, the President acts on his (or her) own discretion. When the
President thinks that the advice has certain flaws or legal lacunae, or that it
is not in the best interests of the country, the President can ask the Council
to reconsider the decision. Although, the Council can still send back the
same advice and the President would then be bound by that advice, such a
request by the President to reconsider the decision, would naturally carry a
lot of weight. So, this is one way in which the president can act in his own
discretion.
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Rahul’s
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PRACTICE SET-48
eq[; fuokZpu vk;qDr fuokZpu vk;ksx dh vè;{krk djrk gS] ysfdu vU;
nksuksa fuokZpu vk;qDrksa dh rqyuk esa mls T+;knk 'kfDr;k¡ izkIr ugha gSaA ,d
lkewfgd laLFkk ds :i esa pquko laca/kh lHkh fu.kZ; esa eq[; fuokZpu
vk;qDr vkSj vU; nksuksa fuokZpu vk;qDrksa dh 'kfDr;k¡ leku gSaA mudh
fu;qfDr jk"Vªifr }kjk eaf= ifj"kn~ ds ijke'kZ ij dh tkrh gSA ,sls esa laHko
gS fd ljdkj ds }kjk fdlh ,sls fgrS"kh dh fu;qfDr fuokZpu vk;ksx esa dj
nh tk, tks pqukoksa esa ljdkj dk leFkZu djsA bl 'kadk ds pyrs vusd
yksxksa us bl izfØ;k dks cnyus dk lq>ko fn;k gSA mudk lq>ko gS fd
blds fy, ,d fHkUu izfØ;k dk ikyu fd;k tkuk pkfg;s] ftlesa eq[;
fuokZpu vk;qDrksa dh fu;qfDr esa foi{k ds usrk vkSj Hkkjr ds eq[;
U;k;k/kh'k ls ijke'kZ djuk T+k:jh gksuk pkfg,A lafo/kku eq[; fuokZpu
vk;qDr vkSj fuokZpu vk;qDrksa ds dk;Zdky dh lqj{kk nsrk gSA mUgsa 6 o"kks±
ds fy, vFkok 65 o"kZ dh vk;q rd ¼tks igys [kRe gks½ ds fy, fu;qDr
fd;k tkrk gSA eq[; fuokZpu vk;qDr dks dk;Zdky lekIr gksus ds iwoZ
jk"Vªifr }kjk gVk;k tk ldrk gS ij blds fy, laln ds nksuksa lnuksa dks
fo'ks"k cgqer ls ikfjr dj bl vk'k; dk ,d izfrosnu jk"Vªifr dks Hkstuk
gksxkA ,slk ;g lqfuf'pr djus ds fy, fd;k x;k gS fd dksbZ Hkh ljdkj
ml eq[; fuokZpu vk;qDr dks u gVk lds tks pqukoksa esa mldh rjQnkjh
djus ls euk djsA fuokZpu vk;qDrksa dks Hkkjr dk jk"Vªifr gVk ldrk gSA
Rahul’s
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PRACTICE SET-49
The Election Commission has very limited staff of its own. It conducts the
elections with the help of the administrative machinery. However, once the
election process has begun, the commission has control over the
administration as far as election related work is concerned. During the
election process, the administrative officers of the State and central
governments are assigned election related duty and in this respect, the
Election Commission has full control over them. The EC can transfer the
officers, or stop their transfers; it can take action against them for failing to
act in a non-partisan manner. Over the years, the Election Commission of
India has emerged as an independent authority which has asserted its
powers to ensure fairness in the election process. It has acted in an
impartial and unbiased manner in order to protect the sanctity of the
electoral process. The record of Election Commission also shows that every
improvement in the functioning of institutions does not require legal or
constitutional change. It is widely agreed that the Election Commission is
more independent and assertive now than it was till twenty years ago. This
is not because the powers and constitutional protection of the Election
Commission have increased. The Election Commission has started using
more effectively the powers it always had in the Constitution.
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Rahul’s
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PRACTICE SET-50
In the past fifty five years, fourteen Lok Sabha elections have been
held. Many more State assembly elections and byeelections have been
conducted by the Election Commission. The EC has faced many
difficult situations such as holding elections in militancy affected
areas like Assam, Punjab or Jammu and Kashmir. It has also faced
the difficult situation of having to postpone the election process mid-
way in 1991 when the ex-Prime Minister Rajiv Gandhi was
assassinated during campaigning. In 2002, the Election Commission
faced another critical situation when the Gujarat Assembly was
dissolved and elections had to be conducted. But the Election
Commission found that unprecedented violence in that State had
made it impossible to hold free and fair elections immediately. The
Election Commission decided to postpone elections to the State
Assembly by a few months. The Supreme Court upheld this decision of
the Election Commission.
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fiNys ipiu o"kks± esa yksdlHkk ds pkSng pquko gks pqds gSaA fuokZpu
vk;ksx ds }kjk fo/kku lHkkvksa ds vusd pquko vkSj mi&pquko djk;s x;sA
fuokZpu vk;ksx dks vle] iatkc rFkk tEew vkSj d'ehj tSls fgalkxzLr
{ks=ksa esa pquko djkus esa vusd dfBu ifjfLFkfr;ksa dk lkeuk djuk iM+k
gSA mls 1991 esa iwjh pquko izfØ;k dks chp esa gh jksduk iM+k D;ksafd
pquko izpkj ds nkSjku 2002 esa iwoZ iz/kuea=h jktho xka/h dh gR;k dj
nh xbZA fuokZpu vk;ksx dks ,d vU; xaHkhj leL;k dk lkeuk djuk
iM+k tc xqtjkr fo/kku lHkk Hkax dj nh xbZ vkSj pquko djkuk iM+kA
ysfdu fuokZpu vk;ksx us ik;k fd jkT; esa vizR;kf'kr fgalk ds dkj.k
Lora= vkSj fu"i{k pquko djkuk rqjar laHko u FkkA fuokZpu vk;ksx us
jkT; esa fo/kku lHkk pqukoksa dks dqN eghuksa ds fy, LFkfxr djus dk
fu.kZ; fy;kA loksZPp U;k;ky; us fuokZpu vk;ksx ds bl fu.kZ; dks oS/k
Bgjk;kA
Rahul’s
a blue print of success
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PRACTICE SET-01
The Vice President is elected for five years. His election method is
similar to that of the President, the only difference is that members of
State legislatures are not part of the electoral college. The Vice
President may be removed from his office by a resolution of the Rajya
Sabha passed by a majority and agreed to by the Lok Sabha. The Vice
President acts as the exofficio Chairman of the Rajya Sabha and takes
over the office of the President when there is a vacancy by reasons of
death, resignation, removal by impeachment or otherwise. The Vice
President acts as the President only until a new President is elected.
B. D. Jatti acted as President on the death of Fakhruddin Ali Ahmed
until a new President was elected.
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PRACTICE SET-01
Rahul’s
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PRACTICE SET-02
Before the 91st Amendment Act (2003), the size of the Council of
Ministers was determined according to exigencies of time and
requirements of the situation. But this led to very large size of the
Council of Ministers. Besides, when no party had a clear majority,
there was a temptation to win over the support of the members of the
Parliament by giving them ministerial positions as there was no
restriction on the number of the members of the Council of Ministers.
This was happening in many States also. Therefore, an amendment
was made that the Council of Ministers shall not exceed 15 percent of
total number of members of the House of People (or Assembly, in the
case of the States).
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PRACTICE SET-02
Rahul’s
a blue print of success
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PRACTICE SET-03
After 1977, party politics in India became more competitive and there
have been many instances when no party had clear majority in the
Lok Sabha. What does the President do in such situations? No
political party or coalition secured majority in the elections held in
March 1998. The BJP and its allies secured 251 seats, 21 short of a
majority. Presiden Narayanan adopted an elaborate procedure. He
asked the leader of the alliance, Atal Behari Vajpayee, “to furnish
documents in support of his claim from concerned political parties.”
Not stopping at this the President also advised Vajpayee to secure a
vote of confidence within ten days of being sworn in.
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Rahul’s
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PRACTICE SET-07
The Lok Sabha and the State Legislative Assemblies are directly
elected by the people. For the purpose of election, the entire country
(State, in case of State Legislative Assembly) is divided into territorial
constituencies of roughly equal population. One representative is
elected from each constituency through universal, adult suffrage
where the value of vote of every individual would be equal to another.
At present there are 543 constituencies. This number has not changed
since 1971.
The Lok Sabha is elected for a period of five years. This is the
maximum. We have seen in the chapter on the executive that before
the completion of five years, the Lok Sabha can be dissolved if no
party or coalition can form the government or if the Prime Minister
advices the President to dissolve the Lok Sabha and hold fresh
elections.
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PRACTICE SET-10
The removal of judges of the Supreme Court and the High Courts is
also extremely difficult. A judge of the Supreme Court or High Court
can be removed only on the ground of proven misbehaviour or
incapacity. A motion containing the charges against the judge must be
approved by special majority in both Houses of the Parliament. Do you
remember what special majority means? We have studied this in the
chapter on Elections. It is clear from this procedure that removal of a
judge is a very difficult procedure and unless there is a general
consensus among Members of the Parliament, a judge cannot be
removed. It should also be noted that while in making appointments,
the executive plays a crucial role; the legislature has the powers of
removal. This has ensured both balance of power and independence of
the judiciary. So far, only one case of removal of a judge of the
Supreme Court came up for consideration before the Parliament. In
that case, though the motion got two-thirds majority, it did not have
the support of the majority of the total strength of the House and
therefore, the judge was not removed.
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PRACTICE SET-16
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PRACTICE SET-17
Have you heard of the term judicial activism? Or, Public Interest
Litigation? Both these terms are often used in the discussions about
judiciary in recent times. Many people think that these two things
have revolutionised the functioning of judiciary and made it more
people-friendly.
The chief instrument through which judicial activism has
flourished in India is Public Interest Litigation (PIL) or Social Action
Litigation (SAL). What is PIL or SAL? How and when did it emerge? In
normal course of law, an individual can approach the courts only if
he/she has been personally aggrieved. That is to say, a person whose
rights have been violated, or who is involved in a dispute, could move
the court of law. This concept underwent a change around 1979. In
1979, the Court set the trend when it decided to hear a case where the
case was filed not by the aggrieved persons but by others on their
behalf. As this case involved a consideration of an issue of public
interest, it and such other cases came to be known as public interest
litigations. Around the same time, the Supreme Court also took up the
case about rights of prisoners. This opened the gates for large number
of cases where public spirited citizens and voluntary organisations
sought judicial intervention for protection of existing rights,
betterment of life conditions of the poor, protection of the
environment, and many other issues in the interest of the public. PIL
has become the most important vehicle of judicial activism. Judiciary,
which is an institution that traditionally confined to responding to
cases brought before it, began considering many cases merely on the
basis of newspaper reports and postal complaints received by the
court. Therefore, the term judicial activism became the more popular
description of the role of the judiciary.
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PRACTICE SET-17
D;k vkius U;kf;d lfØ;rk vFkok tufgr ;kfpdk ds ckjs esa lquk
gS\ vktdy U;k;ikfydk ij ppkZ esa bu nksuksa 'kCnksa dk vdlj
iz;ksx gksrk gSA vusd yksxksa dk ekuuk gS fd bu nksuksa us
U;k;ikfydk ds dk;ks± esa Økafrdkjh ifjorZu dj mUgsa igys ls
vfèkd tuksUeq[kh cuk fn;k gSA Hkkjr esa U;kf;d lfØ;rk dk eq[;
lkèku tufgr ;kfpdk ;k lkekftd O;ogkj ;kfpdk jgh gSA vkf[kj
^tufgr ;kfpdk* gS D;k\ dc vkSj dSls bldh 'kq#vkr gqbZ\
dkuwu dh lkekU; izfØ;k esa dksbZ O;fDr rHkh vnkyr tk
ldrk gS tc mldk dksbZ O;fDrxr uqdlku gqvk gksA bldk eryc
;g gS fd vius vfèkdkj dk mYya?ku gksus ij ;k fdlh fookn esa
Q¡lus ij dksbZ O;fDr balkQ ikus ds fy, vnkyr dk njoktk
[kV[kVk ldrk gSA 1979 esa bl voèkkj.kk esa cnyko vk;kA 1979
esa bl cnyko dh 'kq#vkr djrs gq, U;k;ky; us ,d ,sls eqdnes
dh lquokbZ djus dk fu.kZ; fy;k ftls ihfM+r yksxksa us ugha cfYd
mudh vksj ls nwljksa us nkf[ky fd;k FkkA pw¡fd bl ekeys esa
tufgr ls lacafèkr ,d eqís ij fopkj gks jgk Fkk vr% bls vkSj ,sls
gh vU; vusd eqdneksa dks tufgr ;kfpdkvksa dk uke fn;k x;kA
mlh le; loksZPp U;k;ky; us dSfn;ksa ds vfèkdkj ls lacafèkr
eqdnes ij Hkh fopkj fd;kA blls ,sls eqdneksa dh ck<+&lh vk xbZ
ftlesa tu lsok dh Hkkouk j[kus okys ukxfjdksa rFkk Lo;alsoh
laxBuksa us vfèkdkjksa dh j{kk] xjhcksa ds thou dks vkSj csgrj
cukus] i;kZoj.k dh lqj{kk vkSj yksdfgr ls tqM+s vusd eqíksa ij
U;k;ikfydk ls gLr{ksi dh ek¡x dhA tufgr ;kfpdk U;kf;d
lfØ;rk dk lcls izHkkoh lkèku gks xbZ gSA
Rahul’s
a blue print of success
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PRACTICE SET-19
Apart from taking a very active stand on the matter of rights, the court
has been active in seeking to prevent subversion of the Constitution
through political practice. Thus, areas that were considered beyond
the scope of judicial review such as powers of the President and
Governor were brought under the purview of the courts.
There are many other instances in which the Supreme Court
actively involved itself in the administration of justice by giving
directions to executive agencies. Thus, it gave directions to CBI to
initiate investigations against politicians and bureaucrats in the
hawala case, the Narasimha Rao case, illegal allotment of petrol
pumps case etc. You may have heard about some of these cases. Many
of these instances are the products of judicial activism. The Indian
Constitution is based on a delicate principle of limited separation of
powers and checks and balances. This means that each organ of the
government has a clear area of functioning. Thus, the Parliament is
supreme in making laws and amending the Constitution, the executive
is supreme in implementing them while the judiciary is supreme in
settling disputes and deciding whether the laws that have been made
are in accordance with the provisions of the Constitution. Despite
such clear cut division of power the conflict between the Parliament
and judiciary, and executive and the judiciary has remained a
recurrent theme in Indian politics.
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Mumbai: The Supreme Court has ordered Reliance Energy to pay Rs.
300 crore to farmers who grow the chikoo fruit in the Dahanu area
outside Mumbai. The order comes after the chikoo growers petitioned
the court against the pollution caused by Reliance’s thermal power
plant. Dahanu, which is 150 km from Mumbai, was a self-sustaining
agricultural and horticultural economy known for its fisheries and
forests just over a decade ago, but was devastated in 1989 when a
thermal power plant came into operation in the region. The next year,
this fertile belt saw its first crop failure. Now, 70 per cent of the crop of
what was once the fruit bowl of Maharashtra is gone. The fisheries
have shut and the forest cover has thinned. Farmers and
environmentalists say that fly ash from the power plant entered
ground water and polluted the entire eco-system. The Dahanu Taluka
Environment Protection Authority ordered the thermal station to set
up a pollution control unit to reduce sulphur emissions, and in spite
of a Supreme Court order backing the order the pollution control plant
was not set up even by 2002. In 2003, Reliance acquired the thermal
station and re-submitted a schedule for installation process in 2004.
As the pollution control plant is still not set up, the Dahanu Taluka
Environmental Protection Authority asked Reliance for a bank
guarantee of Rs. 300 crores.
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USSR was one of the world’s super powers, but after 1989 it simply
broke up into several independent countries. One of the major reasons
for its break up was the excessive centralisation and concentration of
power, and the domination of Russia over other regions with
independent languages and cultures of their own e.g. Uzbekistan.
Some other countries like Czechoslovakia, Yugoslavia, and Pakistan
also had to face a division of the country. Canada came very close to a
break up between the English–speaking and the French-speaking
regions of that country. Isn’t it a great achievement that India, which
emerged as an independent nation-state in 1947 after a painful
partition, has remained united over six decades of its independent
existence? What accounts for this achievement? Can we attribute it to
the federal structure of governance that we in India adopted through
our Constitution? All the countries mentioned above, were federations.
Yet they could not remain united. Therefore, apart from adopting a
federal constitution, the nature of that federal system and the practice
of federalism must also be important factors.
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You may have heard about the cricket team of West Indies. But is
there a country called West Indies?
Like India, West Indies was also colonised by the British. In 1958, the
federation of West Indies came into being. It had a weak central
government and the economy of each unit was independent. These
features and political competition among the units led to the formal
dissolution of the federation in 1962. Later, in 1973 by Treaty of
Chiguaramas the independent islands established joint authorities in
the form of a common legislature, Supreme Court, a common
currency, and, to a degree, a common market known as the Caribbean
Community. The Caribbean Community has even a common
executive, and Heads of the governments of member countries are
members of this executive. Thus, the units could neither live together
as one country, nor can they live separately.
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vkius osLVbaMht+ dh fØdsV Vhe ds ckjs esa lquk gksxkA ysfdu D;k
osLVbaMht+ uke dk dksbZ ns'k Hkh gS\
Hkkjr dh gh rjg osLVbaMht+ Hkh vaxzstksa dk mifuos'k FkkA 1958 esa
^osLVbaMht+ la?k* ¼QsMjs'ku vkWQ osLVbaMht+½ dk tUe gqvkA bldh
dsanzh; ljdkj detksj Fkh vkSj çR;sd la?kh; bdkbZ dh viuh Lora=k
vFkZO;oLFkk FkhA bl otg ls vkSj vU; la?kh; bdkbZ;ksa esa jktuSfrd
izfrLi/kZ ds dkj.k 1962 esa bl la?k dks Hkax dj fn;kA ckn esa
1973 dh fpxqvkjkel&laf/k ds }kjk bu Lora= izk;}hiksa us ,d
lk>h laln] loksZPp U;k;ky;] eqnzk vkSj ^dSjhfc;u leqnk;* uked
lk>k&ckt+kj tSlh la;qDr laLFkkvksa dk fuekZ.k fd;kA dSjhfc;u
leqnk; dh ,d lk>h dk;Zikfydk Hkh gS vkSj lnL; ns'kksa dh
ljdkjksa ds iz/kku ml dk;Zikfydk ds lnL; gSaA bl izdkj ogk¡
dh bdkbZ;k¡ u rks ,d ns'k ds :i esa jg ldha vkSj u gh os
vyx&vyx jg ldhaA
Rahul’s
a blue print of success
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If the regions and various communities do not trust each other, even a
federal arrangement can fail to produce unity. The example of Nigeria
is instructive: Till 1914, Northern and Southern Nigeria were two
separate British colonies. At the Ibadan Constitutional Conference of
1950 Nigerian leaders decided to form a federal constitution. The three
major ethnic groups of Nigeria—Yoruba, Ibo and Hausa-Fulani—
controlled the regions of the West, the East and the North respectively.
Their attempt to spread their influence to other regions led to fears
and conflicts. These led to a military regime. In the 1960 constitution,
both federal and regional governments jointly controlled the Nigerian
police. In the military-supervised constitution of 1979, no state was
allowed to have any civil police. Though democracy was restored in
Nigeria in 1999, religious differences along with conflicts over who will
control revenues from the oil resources continue to present problems
before the Nigerian federation. Local ethnic communities resist
centralised control of the oil resources. Thus, Nigeria is an example of
overlap of religious, ethnic and economic differences among the units.
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Hkkjr ds lafo/kku esa nks rjg dh ljdkjksa dh ckr ekuh xbZ gS&,d
laiw.kZ jk"Vª ds fy, ftls la?kh; ljdkj ;k dsn a zh; ljdkj dgrs gSa
vkSj nwljh izR;sd izkarh; bdkbZ ;k jkT; ds fy, ftls jkT; ljdkj
dgrs gSaA ;s nksuksa gh laoS/kkfud ljdkjsa gSa vkSj buds Li"V
dk;Z&{ks= gSaA ;fn dHkh ;g fookn gks tk, fd dkSu&lh 'kfDr;k¡ dsasnz
ds ikl gS vkSj dkSu&lh jkT;ksa ds ikl] rks bldk fu.kZ;
U;k;ikfydk laoSèkkfud izko/kuksa ds vuqlkj djsxhA lafo/kku bl
ckr dh Li"V O;oLFkk djrk gS fd dkSu&dkSu&lh 'kfDr;k¡ dsoy dsanz
ljdkj dks izkIr gksaxh vkSj dkSu&dkSu lh dsoy jkT;ksa dksA ¼pkVZ dks
è;ku ls ns[ksa blesa fn[kk;k x;k gS fd dsanz vkSj jkT;ksa ds chp esa
'kfDr;ksa dks ds ls ck¡Vk x;k gSA½ 'kfDr foHkktu dk ,d egÙoiw.kZ
igyw ;g gS fd lafo/kku us vkfFkZd vkSj foÙkh; 'kfDr;k¡ dsanzh;
ljdkj ds gkFk esa lkSaih gSaA jkT;ksa ds mÙkjnkf;Ro cgqr vf/kd gSa
ij vk; ds lk/ku deA
Rahul’s
a blue print of success
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In the previous section, we have seen that the Constitution has vested
very strong powers in the centre. Thus, the Constitution recognises
the separate identity of the regions and yet gives more powers to the
centre. Once the principle of identity of the State is accepted, it is
quite natural that the States would expect a greater role and powers in
the governance of the State and the country as a whole. This leads to
various demands from the States. From time to time, States have
demanded that they should be given more powers and more
autonomy. This leads to tensions and conflicts in the relations
between the centre and the States. While the legal disputes between
the centre and the States (or between States) can be resolved by the
judiciary, demands for autonomy are of political nature and need to be
resolved through negotiations.
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fiNys i`"Bksa esa geus i<+k fd lafo/kku us dsanz dks cgqr vf/kd
'kfDr;k¡ iznku dh gSaA ;|fi lafo/kku fofHkUu {ks=ksa dh vyx&vyx
igpku dks ekU;rk nsrk gS ysfdu fQj Hkh og dsanz dks T+;knk 'kfDr
nsrk gSA ,d ckj tc ^jkT; dh igpku* ds fl¼kar dks ekU;rk fey
tkrh gS rc ;g LokHkkfod gh gS fd iwjs ns'k ds 'kklu esa vkSj
vius 'kkldh; {ks= esa jkT;ksa }kjk vkSj T+;knk 'kfDr rFkk Hkwfedk dh
ek¡x mBk;h tk;A blh dkj.k jkT; T+;knk 'kfDr dh ek¡x djrs gSaA
le;≤ ij jkT;ksa us T+;knk 'kfDr vkSj Lok;Ùkrk nsus dh ek¡x
mBk;h gSA blls dsanz vkSj jkT;ksa ds chp la?k"kZ vkSj fooknksa dk tUe
gksrk gSA dsanz vkSj jkT; vFkok fofHkUu jkT;ksa ds vkilh dkuwuh
fooknksa dk lek/ku U;k;ikfydk djrh gSA ysfdu Lok;Ùkrk dh ek¡x
,d jktuhfrd loky gS ftls vkilh ckrphr }kjk gh gy fd;k tk
ldrk gSA
Rahul’s
a blue print of success
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The role of Governors has always been a controversial issue between the
States and the central government. The Governor is not an elected office
holder. Many Governors have been retired military officers or civil
servants or politicians. Besides, the Governor is appointed by the central
government and therefore, actions of the Governor are often viewed as
interference by the Central government in the functioning of the State
government. When two different parties are in power at the centre and
the State, the role of the Governor becomes even more controversial. The
Sarkaria Commission that was appointed by the central government
(1983; it submitted its report in 1988) to examine the issues relating to
centre-State relations, recommended that appointments of Governors
should be strictly non-partisan. Powers and role of the Governor become
controversial for one more reason. One of the most controversial articles
in the Constitution is Article 356, which provides for President’s rule in
any State. This provision is to be applied, when ‘a situation has arisen in
which the Government of the State cannot be carried on in accordance
with the provisions of this Constitution.’ It results in the takeover of the
State government by the Union government. The President’s
proclamation has to be ratified by Parliament. President’s rule can be
extended till three years. The Governor has the power to recommend the
dismissal of the State government and suspension or dissolution of State
assembly. This has led to many conflicts. In some cases, State
governments were dismissed even when they had a majority in the
legislature, as had happened in Kerala in 1959 or without testing their
majority, as happened in several other States after 1967. Some cases
went to the Supreme Court and the Court has ruled that constitutional
validity of the decision to impose President’s rule can be examined by the
judiciary. Article 356 was very sparingly used till 1967. After 1967 many
States had non- Congress governments and the Congress was in power at
the centre. The centre has often used this provision to dismiss State
governments or has used the office of the Governor to prevent the
majority party or coalition from assuming office. For instance, the central
government removed elected governments in Andhra Pradesh and
Jammu and Kashmir in the decade of 1980.
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jkT;iky dh Hkwfedk dsanz vkSj jkT;ksa ds chp ges'kk gh fookn dk fo"k; jgh gSA
jkT;iky fuokZfpr inkf/kdkjh ugha gksrkA vf/kdrj jkT;iky lsokfuo`Ùk lSU;
vf/kdkjh] yksdlsod ;k jktuhfrK gq, gSaA fQj jkT;iky dh fu;qfDr dsanz
ljdkj }kjk gksrh gSA vr% jkT;iky ds QSlyksa dks vdlj jkT; ljdkj ds
dk;ks± esa dsanz ljdkj ds gLr{ksi ds :i esa ns[kk tkrk gSA tc dsanz vkSj jkT;
esa vyx ny lÙkk:<+ gksrs gSa rc jkT;iky dh Hkwfedk vkSj fooknkLin gks tkrh
gSA dsanz&jkT; laca/ksa ls tqM+s elyksa dh iM+rky ds fy, dsanz ljdkj }kjk
1983 esa ,d vk;ksx cuk;k x;kA bl vk;ksx dks ^ljdkfj;k vk;ksx* ds
uke ls tkuk tkrk gSA bl vk;ksx us 1998 esa viuh fjiksVZ esa ;g flQkfj'k
dh Fkh fd jkT;ikyksa dh fu;qfDr vfuok;Zr;k fu"i{k gksdj dh tkuh pkfg,A
,d vkSj dkj.k ls jkT;ikyksa dh 'kfDr vkSj Hkwfedk fooknkLin gks tkrh gSA
lafo/kku ds lokZf/kd fooknkLin izko/kkuksa esa ls ,d vuqPNsn 356 gSA blds
}kjk jkT;ksa esa jk"Vªifr 'kklu ykxw fd;k tkrk gSA bl izko/kku dks fdlh jkT;
esa rc ykxw djrs gSa tc ¶,slh fLFkfr mRiUu gks xbZ gks fd ml jkT; dk
'kklu bl lafo/kku ds mica/kksa ds vuqlkj ugha pyk;k tk ldrkA¸
ifj.kkeLo:i la?kh; ljdkj jkT; ljdkj dk vf/kxzg.k dj ysrh gSA bl fo"k;
ij jk"Vªifr }kjk tkjh mn~?kks"k.kk dks laln dh LohÑfr izkIr djuk T+k:jh gksrk
gSA jk"Vªifr 'kklu dks vf/kdre rhu o"kks± rd c<+k;k tk ldrk gSA jkT;iky
dks ;g vf/kdkj gS fd og jkT; ljdkj dks c[kkZLr djus rFkk jkT; fo/ku
lHkk dks fuyafcr ;k fo?kfVr djus dh vuq'kalk dj lds A blls vusd fookn
iSnk gq,A dqN ekeyksa esa jkT; ljdkjksa dks foèkkf;dk esa cgqer gksus ds ckn
Hkh c[kkZLr dj fn;k x;kA 1959 esa dsjy esa vkSj 1907 ds ckn vusd
jkT;ksa esa cgqer dh ijh{kk ds fcuk gh ljdkjksa dks c[kkZLr dj fn;k x;kA
dqN ekeys loksZPp U;k;ky; esa Hkh x, rFkk loksZPp U;k;ky; us QSlyk fn;k
fd jk"Vªifr&'kklu ykxw djus ds fu.kZ; dh laoS/kkfudrk dh tk¡p&iM+rky
U;k;ky; dj ldrk gSA 1967 rd vuqPNsn 356 dk vR;Ur lhfer iz;ksx
fd;k x;kA 1967 ds ckn vusd jkT;ksa esa xSj&dk¡xszlh ljdkjsa cuha tcfd dsanz
esa lÙkk dk¡xzsl ds ikl jghA dsanz us vusd voljksa ij bldk iz;ksx jkT;
ljdkjksa dks c[kkZLr djus ds fy, fd;k vFkok mlus jkT;iky ds ek/;e ls
cgqer ny ;k xBca/ku dks lÙkk:<+ gksus ls jksdkA mnkgj.k ds fy, lu~
1980 ds n'kd esa dsanzh; ljdkj us vka/kz izns'k vkSj tEew&d'ehj dh
fuokZfpr ljdkjksa dks c[kkZLr fd;kA
Rahul’s
a blue print of succe ss
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The other dimension of tension in our federal system has been the
demand to create new States. The national movement not only created
a pan-Indian national unity; it also generated distinct unity around a
common language, region and culture. Our national movement was
also a movement for democracy. Therefore, in the course of the
national movement itself, it was decided that as far as possible, States
would be created on the basis of common cultural and linguistic
identity. This ultimately led to the demand for the creation of linguistic
States after Independence. In 1954, the States Reorganisation
Commission was set up and it recommended the creation of linguistic
States, at least for the major linguistic groups. In 1956, reorganisation
of some States took place. This saw the beginning of the creation of
linguistic States and the process is still continuing. Gujarat and
Maharashtra were created in 1960; Punjab and Haryana were
separated from each other in 1966. Later, the north-east region was
reorganised and several new States were created like, Meghalaya,
Manipur or Arunachal Pradesh. In the 1990s, some of the larger
States were further divided both to meet the demands for a separate
State as well as to meet the need for greater administrative efficiency.
Thus Bihar, UP, and Madhya Pradesh were divided to create three new
States. They are: Jharkhand, Uttaranchal and Chhattisgarh
respectively. Some regions and linguistic groups are still struggling for
separate Statehood like Telangana (in AP) and Vidarbha (in
Maharashtra).
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gekjh la?kh; O;oLFkk esa uohu jkT;ksa ds xBu dh ek¡x dks ysdj Hkh
ruko jgk gSA jk"Vªh;&vkanksyu us vf[ky Hkkjrh; jk"Vªh; ,drk dks
gh ugha cfYd leku Hkk"kk] {ks= vkSj laLd`fr ij vk/kkfjr ,drk dks
Hkh tUe fn;kA gekjk jk"Vªh; vkanksyu yksdra= ds fy, Hkh ,d
vkanksyu FkkA vr% jk"Vªh; vkanksyu ds nkSjku ;g Hkh r; fd;k x;k
fd ;FkklaHko leku laLd`fr vkSj Hkk"kk ds vk/kkj ij jkT;ksa dk
xBu gksxkA blls Lora=rk ds ckn Hkk"kkbZ vk/kkj ij jkT;ksa ds xBu
dh ek¡x mBhA fnlEcj 1953 esa jkT; iquxZBu vk;ksx dh LFkkiuk
dh xbZ ftlus izeq[k Hkk"kkbZ leqnk;ksa ds fy, Hkk"kk ds vk/kkj ij
jkT;ksa ds xBu dh flQkfj'k dhA 1956 esa dqN jkT;ksa dk iquxZBu
gqvkA blls Hkk"kkbZ vk/kkj ij jkT;ksa ds xBu dh 'kq#vkr gqbZ vkSj
;g izfØ;k vHkh Hkh tkjh gSA 1960 esa xqtjkr vkSj egkjk"Vª dk
xBu gqvk 1966 esa iatkc vkSj gfj;k.kk dks vyx&vyx fd;k
x;kA ckn esa iwoksZÙkj ds jkT;ksa dk iquxZBu fd;k x;k vkSj u,
jkT;ksa&tSls ef.kiqj] f=iqjk] es?kky;] fetksje vkSj v#.kkpy izns'k
dk tUe gqvkA u, jkT; cukus dh ek¡x dks iwjk djus rFkk vf/kd
iz'kkldh; lqfo/k ds fy, dqN cM+s jkT;ksa dk foHkktu 2000 esa
fd;k x;kA eè; izns'k] mÙkj izns'k vkSj fcgkj dks foHkkftr dj rhu
u, jkT; Øe'k% NÙkhlx<+] mÙkjk[kaM vkSj >kj[kaM cuk, x,A dqN
{ks= vkSj Hkk"kkbZ lewg vHkh Hkh vyx jkT; ds fy, la?k"kZ dj jgs gSa
tSls egkjk"Vª esa fonHkZA
Rahul’s
a blue print of success
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While the States keep fighting with the centre over autonomy and
other issues like the share in revenue resources, there have been
many instances of disputes between two States or among more than
two States. It is true that the judiciary acts as the arbitration
mechanism on disputes of a legal nature but these disputes are in
reality not just legal. They have political implications and therefore
they can best be resolved only through negotiations and mutual
understanding. Broadly, two types of disputes keep recurring. One is
the border dispute. States have certain claims over territories
belonging to neighbouring States. Though language is the basis of
defining boundaries of the States, often border areas would have
populations speaking more than one language. So, it is not easy to
resolve this dispute merely on the basis of linguistic majority. One of
the longstanding border disputes is the dispute between Maharashtra
and Karnataka over the city of Belgaum. Manipur and Nagaland too,
have a long-standing border dispute. The carving out of Haryana from
the erstwhile State of Punjab has led to dispute between the two
States not only over border areas, but over the capital city of
Chandigarh. This city today houses the capital of both these States. In
1985, the then Prime Minister Rajiv Gandhi reached an understanding
with the leadership of Punjab. According to this understanding,
Chandigarh was to be handed over to Punjab. But this has not
happened yet.
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The other State which has a special status is Jammu and Kashmir
(J&K) (Art. 370). Jammu and Kashmir was one of the large princely
states, which had the option of joining India or Pakistan at the time of
Independence. Immediately after Independence Pakistan and India
fought a war over Kashmir. Under such circumstances the Maharaja
of Kashmir acceded to the Indian union. Most of the Muslim majority
States joined Pakistan but J&K was an exception. Under these
circumstances, it was given much greater autonomy by the
Constitution. According to Article 370, the concurrence of the State is
required for making any laws in matters mentioned in the Union and
Concurrent lists. This is different from the position of other States. In
the case of other States, the division of powers as listed through the
three lists automatically applies. In the case of Jammu and Kashmir,
the central government has only limited powers and other powers
listed in the Union List and Concurrent List can be used only with the
consent of the State government. This gives the State of Jammu and
Kashmir greater autonomy. In practice, however the autonomy of
Jammu and Kashmir is much less than what the language of article
370 may suggest. There is a constitutional provision that allows the
President, with the concurrence of the State government, to specify
which parts of the Union List shall apply to the State. The President
has issued two Constitutional orders in concurrence with the
Government of J&K making large parts of the Constitution applicable
to the State. As a result, though J&K has a separate constitution and
a flag, the Parliament’s power to make laws on subjects in the Union
List now is fully accepted.
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Let us now discuss how local government has grown in India and what
our Constitution says about it. It is believed that self-governing village
communities existed in India from the earliest times in the form of
‘sabhas’ (village assemblies). In the course of time, these village bodies
took the shape of Panchayats (an assembly of five persons) and these
Panchayats resolved issues at the village level. Their role and
functions kept on changing at different points of time. In modern
times, elected local government bodies were created after 1882. Lord
Rippon, who was the Viceroy of India at that time, took the initiative in
creating these bodies. They were called the local boards. However, due
to slow progress in this regard, the Indian National Congress urged
the government to take necessary steps to make all local bodies more
effective. Following the Government of India Act 1919, village
panchayats were established in a number of provinces. This trend
continued after the Government of India Act of 1935.
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All States now have a uniform three tier Panchayati Raj structure. At
the base is the ‘Gram Panchayat‘. A Gram Panchayat covers a village
or group of villages. The intermediary level is the Mandal (also referred
to as Block or Taluka). These bodies are called Mandal or Taluka
Panchayats. The intermediary level body need not be constituted in
smaller States. At the apex is the Zilla Panchayat covering the entire
rural area of the District. The amendment also made a provision for
the mandatory creation of the Gram Sabha. The Gram Sabha would
comprise of all the adult members registered as voters in the
Panchayat area. Its role and functions are decided by State legislation.
Rahul’s
a blue print of success
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PRACTICE SET-42
All the three levels of Panchayati Raj institutions are elected directly
by the people. The term of each Panchayat body is five years. If the
State government dissolves the Panchayat before the end of its five
year term, fresh elections must be held within six months of such
dissolution. This is an important provision that ensures the existence
of elected local bodies. Before the 73rd amendment, in many States,
there used to be indirect elections to the district bodies and there was
no provision for immediate elections after dissolution.
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Rahul’s
a blue print of success
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HINDI TO ENGLISH
PRACTICE SET-43
One third of the positions in all panchayat institutions are reserved for
women. Reservations for Scheduled Castes and Scheduled Tribes are
also provided for at all the three levels, in proportion to their
population. If the States find it necessary, they can also provide for
reservations for the backward castes (OBCs). It is important to note
that these reservations apply not merely to ordinary members in
Panchayats but also to the positions of Chairpersons or ‘Adhyakshas‘
at all the three levels. Further, reservation of one-third of the seats for
women is not merely in the general category of seats but also within
the seats reserved for Scheduled Castes, Scheduled Tribes and
backward castes. This means that a seat may be reserved
simultaneously for a woman candidate and one belonging to the
Scheduled Castes or Scheduled Tribes. Thus, a Sarpanch would have
to be a Dalit woman or an Adivasi woman.
TRANSLATION
HINDI TO ENGLISH
PRACTICE SET-43
TRANSLATION
HINDI TO ENGLISH
PRACTICE SET-44
,sls 29 fo"k; tks igys jkT; lwph esa Fks] vc igpku dj lafo/kku
dh 11oha vuqlwph esa ntZ dj fy, x, gSaA bu fo"k;ksa dks iapk;rh
jkt laLFkkvksa dks gLrkarfjr fd;k tkuk gSA vf/kdka'k ekeyksa esa bu
fo"k;ksa dk laca/k LFkkuh; Lrj ij gksus okys fodkl vkSj dY;k.k ds
dkedkt ls gSA bu dk;ks± dk okLrfod gLrkarj.k izns'k ds dkuwu
ij fuHkZj gSA gj izns'k ;g QSlyk djsxk fd bu 29 fo"k;ksa esa ls
fdrus dks LFkkuh; fudk;ksa ds gokys djuk gSA Hkkjr ds vusd izns'kksa
ds vkfnoklh tula[;k okys {ks=ksa dks 73osa la'kks/ku ds izko/kkuksa ls
nwj j[kk x;k FkkA ;s izko/kku bu {ks=ksa ij ykxw ugha gksrs FksA lu~
1996 esa vyx ls ,d vf/kfu;e cuk vkSj iapk;rh O;oLFkk ds
izko/kuksa ds nk;js esa bu {ks=ksa dks Hkh 'kkfey dj fy;k x;kA vusd
vkfnoklh leqnk;ksa esa taxy vkSj ty&tksgM+ tSls lk>s lalk/kuksa dh
ns[k&js[k ds jhfr&fjokt ekStwn gSaA bl dkj.k] u;s vf/kfu;e esa
vkfnoklh leqnk;ksa ds bl vf/kdkj dh j{kk dh xbZ gSA os vius
jhfr&fjokt ds vuqlkj lalk/kuksa dh ns[kHkky dj ldrs gSaA bl
mís'; ls ,sls bykdksa dh xzke lHkk dks vis{kkd`r T;knk vf/kdkj
fn, x, gSa vkSj fuokZfpr xzke iapk;r dks dbZ ek;uksa esa xzke lHkk
dh vuqefr ysuh iM+rh gSA bl vf/kfu;e ds ihNs ewy fopkj
Lo&'kklu dh LFkkuh; ijaijk dks cpkuk vkSj vk/kqfud <ax ls
fuokZfpr fudk;ksa ls ,sls leqnk;ksa dks ifjfpr djkuk gSA fofo/krk
vkSj fodsanzhdj.k dh Hkkouk ls bl fopkj dh laxfr cSBrh gSA
Rahul’s
a blue print of success
TRANSLATION
HINDI TO ENGLISH
PRACTICE SET-45
TRANSLATION
HINDI TO ENGLISH
PRACTICE SET-46
It is not uncommon for nations to rewrite their constitutions in response to
changed circumstances or change of ideas within the society or even due to
political upheavals. The Soviet Union had four constitutions in its life of 74
years (1918, 1924, 1936 and 1977). In 1991, the rule of the Communist
Party of Soviet Union came to an end and soon the Soviet federation
disintegrated. After this political upheaval, the newly formed Russian
federation adopted a new constitution in 1993. But look at India. The
Constitution of India was adopted on 26 November 1949. Its implementation
formally started from 26 January 1950. More than fifty-five years after that,
the same constitution continues to function as the framework within which
the government of our country operates. Is it that our Constitution is so
good that it needs no change? Was it that our Constitution makers were so
farsighted and wise that they had foreseen all the changes that would take
place in the future? In some sense both the answers are correct. It is true
that we have inherited a very robust Constitution. The basic framework of
the Constitution is very much suited to our country. It is also true that the
Constitution makers were very farsighted and provided for many solutions
for future situations. But no constitution can provide for all eventualities.
No document can be such that it needs no change.
TRANSLATION
HINDI TO ENGLISH
PRACTICE SET-46
ifjfLFkfrxr cnyko] lkekftd ifjorZuksa vkSj dbZ ckj jktuhfrd mBkiVd
ds pyrs fofHkUu jk"Vªksa us vius lafoèkku dks nqckjk RkS;kj fd;k gSA
lksfo;r la?k esa 74 o"kks± ds nkSjku&¼1918] 1924] 1936 vkSj 1977½
lafoèkku pkj ckj cnyk x;kA 1991 esa ogk¡ dE;qfuLV ikVhZ dk 'kklu
lekIr gks x;k vkSj tYnh gh lksfo;r x.kjkT; Hkh fc[kj x;kA bl
jktuhfrd Hkwpky ds ckn ogk¡ :lh x.kjkT;ksa dk u, fljs ls xBu fd;k
x;k vkSj 1993 esa ,d u;k lafoèkku vaxhdkj fd;k x;kA vc Tk+jk
Hkkjr dh vksj uT+kj nkSM+k,¡! Hkkjrh; lafoèkku 26 uoacj 1949 dks
vaxhÑr fd;k x;kA bl lafoèkku dks 26 tuojh 1950 dks vkSipkfjd
:i ls ykxw fd;k x;kA rc ls ysdj vkt rd ipiu o"kZ chr pqds gSa
vkSj ;g lafoèkku yxkrkj dke dj jgk gSA gekjs ns'k dh ljdkj blh
lafoèkku ds vuqlkj dke djrh gSA rks] D;k ge ;g ekusa fd gekjk
lafoèkku bruk vPNk gS fd mlesa fdlh cnyko dh Tk:jr gh ugha gS\
D;k gekjs lafoèkku&fuekZrk brus nwjn'khZ Fks fd mUgksaus le; ds cnykoksa
vkSj ?kVukvksa dk vanktk igys gh yxk fy;k Fkk\ ,d vFkZ esa ;s nksuksa
gh ckrsa Bhd gSaA ;g ckr lgh gS fd gesa ,d eTkcwr lafoèkku fojklr esa
feyk gSA bl lafoèkku dh cukoV gekjs ns'k dh ifjfLFkfr;ksa ds csgn
vuqdwy gSaA blds lkFk ;g ckr Hkh lgh gS fd gekjs lafoèkku&fuekZrk
vR;ar nwjn'khZ FksA mUgksaus Hkfo"; ds dbZ iz'uksa dk lekèkku mlh le;
dj fy;k FkkA ysfdu dksbZ Hkh lafoèkku lnk loZnk ds fy, Bhd ugha gks
ldrkA ,slk dksbZ nLrkosTk ugha gksrk ftls cnyus dh vko';drk u iMs+A
Rahul’s
a blue print of succe ss
TRANSLATION
HINDI TO ENGLISH
PRACTICE SET-47
The makers of the Indian Constitution were aware of this problem and
sought to strike a balance. They placed the Constitution above
ordinary law and expected that the future generations will respect this
document. At the same time, they recognised that in the future, this
document may require modifications. Even at the time of writing the
Constitution, they were aware that on many matters there were
differences of opinion. Whenever society would veer toward any
particular opinion, a change in the constitutional provisions would be
required. Thus, the Indian Constitution is a combination of both the
approaches mentioned above: that the constitution is a sacred
document and that it is an instrument that may require changes from
time to time. In other words, our Constitution is not a static
document, it is not the final word about everything; it is not
unalterable.
TRANSLATION
HINDI TO ENGLISH
PRACTICE SET-47
Hkkjrh; lafoèkku ds fuekZrkvksa dks bl leL;k dk vkHkkl Fkk] blfy,
mUgksaus lafoèkku esa ,d larqyu iSnk djus dh dksf'k'k dhA mUgksu
a s lafoèkku
dks lkekU; dkuwu ls Å¡pk ntkZ fn;k rkfd vkus okyh ihf<;k¡ mls laeku
dh n`f"V ls ns[ksaA lkFk gh lafoèkku cukrs le; mUgksaus bl ckr dk Hkh
[;ky j[kk fd Hkfo"; esa bl nLrkosTk esa la'kksèku dh vko'drk iM+ ldrh
gSA lafoèkku fuekZ.k dh izfØ;k ds nkSjku Hkh os bl ckr dks ysdj lpsr Fks
fd fdlh eqn~ns ij yksxksa dh jk; vyx&vyx gks ldrh gSA os tkurs Fks fd
tc lekt fdlh er fo'ks"k dh vksj T;knk vkÑ"V gksxk rc lafoèkku ds
izkoèkkuksa esa la'kksèku dh vko';drk eglwl dh tk,xhA blfy, lafoèkku
cukrs le; nksuksa ckrksa dk è;ku j[kk x;k ;kuh mls ifo=k nLrkosTk ekuus
ds lkFk&lkFk bruk yphyk Hkh cuk;k x;k fd mlesa le; dh vko';drk
ds vuq:i ;Fkksfpr cnyko fd, tk ldsaA nwljs 'kCnksa esa gekjk lafoèkku
dksbZ tM+ vkSj vifjoRkZuh; nLrkosTk ugha gSA blesa fdlh fLFkfr ds ckjs esa
vafre fu.kZ; nsus ls cpk x;k gSA ;g dksbZ vifjorZuh; phT+k ugha gSA
Rahul’s
a blue print of succe ss
TRANSLATION
HINDI TO ENGLISH
PRACTICE SET-48
We have already seen that the makers of our Constitution wanted to strike a
balance. The Constitution must be amended if so required. But it must be
protected from unnecessary and frequent changes. In other words, they
wanted the Constitution to be ‘flexible’ and at the same time ‘rigid’. Flexible
means open to changes and rigid means resistant to changes. A constitution
that can be very easily changed or modified is often called flexible. In the
case of constitutions, which are very difficult to amend, they are described
as rigid. The Indian Constitution combines both these characteristics. The
makers of the Constitution were aware of the fact that there may be some
faults or mistakes in the Constitution; they knew that the Constitution
could not be totally free of errors. Whenever such mistakes would come to
light, they wanted the Constitution to be easily amended and to be able to
get rid of these mistakes. Then there were some provisions in the
Constitution that were of temporary nature and it was decided that these
could be altered later on once the new Parliament was elected. But at the
same time, the Constitution was framing a federal polity and therefore, the
rights and powers of the States could not be changed without the consent of
the States. Some other features were so central to the spirit of the
Constitution that the Constitution makers were anxious to protect these
from change. These provisions had to be made rigid. These considerations
led to different ways of amending the Constitution.
TRANSLATION
HINDI TO ENGLISH
PRACTICE SET-48
ge igys gh dg pqds gSa fd gekjs lafoèkku fuekZrk lafoèkku dks ,d
larqfyr nLrkosTk cukus ds i{kèkj FksA lafoèkku dks bruk yphyk gksuk gh
pkfg, fd mlesa vko';drk ds vuqlkj cnyko fd, tk ldsaA ysfdu lkFk
gh bls vuko';d vkSj vDlj gksus okys cnykoksa ls cpk;k tkuk pkfg,A
nwljs 'kCnksa esa lafoèkku fuekZrk lafoèkku dks ,d gh lkFk ^yphyk* vkSj
^dBksj* cukus ds i{k esa FksA ;gk¡ yphys dk eryc gS ifjorZuksa ds izfr
[kqyh n`f"V vkSj dBksj dk vFkZ gS vuko';d ifjorZuksa ds izfr l[r jOkS;kA
yphyk lafoèkku og gksrk gS ftlesa vklkuh ls la'kksèku fd;k tk lds ftu
lafoèkkuksa esa la'kksèku djuk cgqr eqf'dy gksrk gS ,sls lafoèkkuksa dks dBksj
dgk tkrk gSA Hkkjrh; lafoèkku esa bu nksuksa gh rÙoksa dk lekos'k fd;k x;k
gSA lafoèkku fuekZrk tkurs Fks fd lafoèkku esa =qfV;k¡ gks ldrh gSaA os le>rs
Fks fd lafoèkku iwjh rjg nks"keqDr ugha gks ldrkA os lafoèkku dks ,d ,slk
:i nsuk pkgrs Fks fd =qfV lkeus vkus ij mldk fuokj.k vklkuh ls fd;k
tk lds bl lafoèkku ds dqN izkoèkkuksa dk Lo:i vLFkk;h Fkk vkSj buds
ckjs esa ;g jk; viuk;h x;h Fkh fd u;h laln dk xBu gksus ij ;k ckn
esa bu izkoèkkuksa dks gVk fy;k tk,xkA gekjk lafoèkku ,d la?kh;
jkT;O;oLFkk cukus ds i{k esa FkkA blfy, mlesa ,sls izkoèkku fd, x, Fks
fd jkT;ksa dh 'kfDr;ksa dks mudh lgefr ds fcuk ugha gVk;k tk lds blds
dqN i{k brus dsanzh; egÙo ds Fks fd lafoèkku fuekZrk mUgsa la'kksèku ds
nk;js ls ckgj j[kuk pkgrs FksA vr% bu izkoèkkuksa dh la'kksèku izfØ;k dks
dBksj cukuk vko';d FkkA ;gh otg gS fd lafoèkku esa la'kksèku djus ds
fy, fofHkUu rjhds viukus iMs+A
Rahul’s
a blue print of success
TRANSLATION
HINDI TO ENGLISH
PRACTICE SET-49
There are many articles in the Constitution, which mention that these
articles can be amended by a simple law of the Parliament. No special
procedure for amendment is required in such cases and there is no
difference at all between an amendment and an ordinary law. These
parts of the Constitution are very flexible. Read carefully the following
text of some articles of the Constitution. In both these articles, the
wording ‘by law’ indicates that these articles can be modified by the
Parliament without recourse to the procedure laid down in Article 368.
Many other articles of the Constitution can be modified by the
Parliament in this simple manner.
TRANSLATION
HINDI TO ENGLISH
PRACTICE SET-49
lafoèkku esa ,sls dbZ vuqPNsn gSa ftuesa laln lkekU; dkuwu cukdj
la'kksèku dj ldrh gSaA ,sls ekeyksa esa dksbZ fo'ks"k izfØ;k viukus dh
t:jr ugha gksrhA bl izdkj ds la'kksèku vkSj lkekU; dkuwu esa dksbZ
varj ugha gksrkA lafoèkku ds bu fgLlksa dks dkQh yphyk cuk;k x;k gSA
vkxs lafoèkku ds nks vuqPNsn fn, x, gSaA bUgsa è;kuiwoZd i<sa+A bu nksuksa
vuqPNsnksa esa ^fofèk }kjk* 'kCn dk iz;ksx fd;k x;k gS ftldk vFkZ ;g gS
fd laln bu vuqPNsnksa esa vuqPNsn 368 esa of.kZr izfØ;k dks viuk,
fcuk gh la'kksèku dj ldrh gSA lafoèkku ds vusd vuqPNsnksa esas laln blh
ljy rjhds ls la'kksèku dj ldrh gSA
Rahul’s
a blue print of success
TRANSLATION
HINDI TO ENGLISH
PRACTICE SET-50
For amending the remaining parts of the Constitution, provision has been
made in Article 368 of the Constitution. In this article, there are two
methods of amending the Constitution and they apply to two different sets of
articles of the Constitution. One method is that amendment can be made by
special majority of the two houses of the Parliament. The other method is
more difficult: it requires special majority of the Parliament and consent of
half of the State legislatures. Note that all amendments to the Constitution
are initiated only in the Parliament. Besides the special majority in the
Parliament no outside agency——like a constitution commission or a
separate body—is required for amending the Constitution.
Similarly, after the passage in the Parliament and in some cases, in State
legislatures, no referendum is required for ratification of the amendment. An
amendment bill, like all other bills, goes to the President for his assent, but
in this case, the President has no powers to send it back for reconsideration.
These details show how rigid and complicated the amending process could
have been. Our Constitution avoids these complications. This makes the
amendment procedure relatively simple. But more importantly, this process
underlines an important principle: only elected representatives of the people
are empowered to consider and take final decisions on the question of
amendments. Thus, sovereignty of elected representatives (parliamentary
sovereignty) is the basis of the amendment procedure.
TRANSLATION
HINDI TO ENGLISH
PRACTICE SET-50
lafoèkku ds 'ks"k [kaMksa esa la'kksèku djus ds fy, vuqPNsn 368 esa izkoèkku
fd;k x;k gSA bl vuqPNsn esa lafoèkku esa la'kksèku djus ds nks rjhds fn,
x, gSaA ;s rjhds lafoèkku ds lHkh vuqPNsnksa ij ,dleku :i ls ykxw ugha
gksrsA ,d rjhds ds varxZr laln ds nksuksa lnuksa ds fo'ks"k cgqer }kjk
la'kksèku djus dh ckr dgh xbZ gSA nwljk rjhdk T;knk dBksj gSA blds fy,
laln ds fo'ks"k cgqer vkSj jkT; foèkkuikfydkvksa dh vkèkh la[;k dh
vko';drk gksrh gSA è;ku nsa fd lafoèkku la'kksèku dh izfØ;k laln ls gh
'kq: gksrh gSA laln ds fo'ks"k cgqer ds vykok fdlh ckgjh ,tsalh tSls
lafoèkku vk;ksx ;k fdlh vU; fudk; dh lafoèkku dh la'kksèku izfØ;k esa
dksbZ Hkwfedk ugha gksrhA blh izdkj laln ;k dqN ekeyksa esa jkT;
foèkkuikfydkvksa esa la'kksèku ikfjr gksus ds i'pkr~ bl la'kksèku dks iq"V djus
ds fy, fdlh izdkj ds tuer laxzg dh vko';drk ugha gksrhA vU; lHkh
foèks;dksa dh rjg la'kksèku foèks;d dks Hkh jk"Vªifr ds vuqeksnu ds fy,
Hkstk tkrk gS ijarq bl ekeys esa jk"Vªifr dks iqufoZpkj djus dk vfèkdkj
ugha gSA bu ckrksa ls irk pyrk gS fd la'kksèku dh izfØ;k fdruh dBksj
vkSj tfVy gks ldrh gSA gekjs lafoèkku esa bu tfVyrkvksa ls cpk x;k gSA
blls gekjs ;gk¡ la'kksèku dh izfØ;k vis{kkÑr ljy gks xbZ gSA ysfdu ;gk¡
,d egÙoiw.kZ rF; ij è;ku fn;k tkuk pkfg,&la'kksèku ds iz'u ij vafre
jk; turk ds fuokZfpr izfrfufèk;ksa dh gh gksrh gSA bldk vFkZ ;g gS fd
la'kksèku dh izfØ;k dk vkèkkj fuokZfpr izfrfufèk;ksa ¼lalnh; laizHkqrk½ esa
fufgr gSA