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Amendments in Indian Constitution Provisions
The Constitution of India has provisions for amending its various provisions, ensuring its relevance and adaptability to changing times. The amendment process involves a rigorous procedure, requiring either a two-thirds majority in both houses of Parliament or a simple majority plus ratification by at least half of the state legislatures.
Since its adoption in 1950, the Constitution has been amended over 100 times, addressing evolving needs and challenges faced by the country.
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Accountability and ethical governance
Accountability Accountability is a noun referring to the act of accepting responsibility. It may be personal or very public. Accountability on the part of government includes decisions and laws that may affect its citizens; for an individual, accountability takes the form of acts and behaviors. SomeRead more
Accountability
Accountability is a noun referring to the act of accepting responsibility. It may be personal or very public. Accountability on the part of government includes decisions and laws that may affect its citizens; for an individual, accountability takes the form of acts and behaviors. Sometimes, however, accountability means admitting you did something wrong. Punishment may follow, but accountability reflects ownership and a readiness to admit mistakes.
Ethical governance:
Governance refers to the structures, processes, and systems guiding organizations, institutions, and governments in their operation.
It involves the processes whereby entities determine their goals, evaluate their performance, comply with applicable laws and standards of morality, and communicate with other entities having an interest in such organizations.
Although the term is most closely associated with the management of corporations (corporate governance), it also applies to the public sector (public governance), non-profits, and international organizations.
See lessDescribe the main provisions of the Citizenship Amendment Act (CAA), 2019. (125 Words) [UPPSC 2019]
Main Provisions of the Citizenship Amendment Act (CAA), 2019 **1. Eligibility Criteria: The CAA, 2019 provides a pathway to Indian citizenship for non-Muslim refugees (Hindus, Sikhs, Buddhists, Jains, Parsis) who entered India from Pakistan, Bangladesh, and Afghanistan before December 31, 2014. **2.Read more
Main Provisions of the Citizenship Amendment Act (CAA), 2019
**1. Eligibility Criteria: The CAA, 2019 provides a pathway to Indian citizenship for non-Muslim refugees (Hindus, Sikhs, Buddhists, Jains, Parsis) who entered India from Pakistan, Bangladesh, and Afghanistan before December 31, 2014.
**2. Religious Exclusions: The Act explicitly excludes Muslims from this provision, which has led to significant controversy and debates regarding its discriminatory nature.
**3. Reduced Residency Requirement: The Act reduces the residency requirement for these refugees from 11 years to 5 years for obtaining Indian citizenship.
**4. Recent Developments: The CAA has faced widespread protests and legal challenges, with critics arguing it violates the secular principles of the Indian Constitution.
Conclusion: The CAA aims to provide expedited citizenship to non-Muslim refugees from neighboring countries, but it has been contentious due to its exclusionary criteria.
See lessAnalyse the problems that have restricted the successes of Panchayati Raj System in India. How far has the seventy third Constitutional Amendment been successful in countering these problems? (200 Words) [UPPSC 2021]
Problems Restricting the Success of the Panchayati Raj System in India and the Impact of the 73rd Constitutional Amendment 1. Financial Constraints (Financial Constraints): Limited Resources: Panchayats often face a lack of adequate funds and financial autonomy. Many rely on state governments for fuRead more
Problems Restricting the Success of the Panchayati Raj System in India and the Impact of the 73rd Constitutional Amendment
1. Financial Constraints (Financial Constraints):
2. Administrative Inefficiencies (Administrative Inefficiencies):
3. Political Interference (Political Interference):
4. Lack of Capacity Building (Capacity Building):
Impact of the 73rd Constitutional Amendment (1992):
1. Empowerment of Local Bodies (Empowerment of Local Bodies):
2. Financial Devolution (Financial Devolution):
3. Reservations and Inclusivity (Reservations and Inclusivity):
Conclusion: The 73rd Constitutional Amendment has been successful in laying a foundation for decentralized governance and empowering Panchayats. However, challenges such as financial constraints, administrative inefficiencies, political interference, and capacity-building deficits continue to restrict the full realization of its potential. Addressing these issues is crucial for enhancing the effectiveness of the Panchayati Raj system.
See lessउन मुख्य उपायों की विवेचना कीजिये जिनके द्वारा भारतीय संसद कार्यपालिका पर नियंत्रण रखती है। (200 Words) [UPPSC 2021]
भारतीय संसद द्वारा कार्यपालिका पर नियंत्रण के मुख्य उपाय 1. विधायी निरीक्षण (Legislative Oversight): संसदीय समितियाँ: संसद विभिन्न समितियाँ जैसे लोक लेखा समिति (PAC) और वित्तीय समिति का गठन करती है, जो सरकारी योजनाओं, बजट और खर्चों की जांच करती हैं। ये समितियाँ कार्यपालिका की गतिविधियों की निगरानी कRead more
भारतीय संसद द्वारा कार्यपालिका पर नियंत्रण के मुख्य उपाय
1. विधायी निरीक्षण (Legislative Oversight):
2. सवाल और उत्तर प्रणाली (Question and Answer System):
3. वेतन और संसद की अनुमति (Control over Expenditure):
4. अविश्वास प्रस्ताव (No-confidence Motion):
5. संसदीय बहस और चर्चा (Parliamentary Debate and Discussion):
निष्कर्ष: भारतीय संसद के पास कार्यपालिका पर नियंत्रण के प्रभावशाली उपाय हैं, जैसे विधायी निरीक्षण, सवाल-उत्तर प्रणाली, वित्तीय नियंत्रण, अविश्वास प्रस्ताव और संसदीय बहस। ये उपाय सरकारी नीतियों और क्रियावली की पारदर्शिता और जवाबदेही सुनिश्चित करते हैं, जिससे लोकतंत्र की मजबूती बनी रहती है।
See lessDiscuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any, that have led to recent reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian federal politics? (200 words) [UPSC 2016]
The 69th Constitutional Amendment Act, 1991, was a significant legislation aimed at addressing the governance structure of Delhi. It conferred a status of a Union Territory with a Legislative Assembly and a Lieutenant Governor (LG) on Delhi, distinguishing it from other Union Territories. EssentialsRead more
The 69th Constitutional Amendment Act, 1991, was a significant legislation aimed at addressing the governance structure of Delhi. It conferred a status of a Union Territory with a Legislative Assembly and a Lieutenant Governor (LG) on Delhi, distinguishing it from other Union Territories.
Essentials of the 69th Constitutional Amendment Act:
Legislative Assembly: It established a Legislative Assembly for Delhi with powers to make laws on subjects enumerated in the State List and Concurrent List, excluding those on which the Parliament had exclusive jurisdiction.
Lieutenant Governor: The LG was designated as the administrator of Delhi, holding powers to oversee the executive functions of the government and having authority over police, public order, and land.
Division of Powers: The Act aimed at a dual governance structure with the elected government handling the day-to-day administration, while the LG retained significant powers, especially in crucial areas like law and order.
Anomalies and Conflicts:
Overlap of Powers: Conflicts have arisen due to the overlapping powers between the Delhi government and the LG, particularly concerning law and order, and land, which are under the LG’s jurisdiction.
Administrative Turf Wars: Disputes regarding the extent of the Delhi government’s authority and the LG’s intervention in routine administrative matters have led to friction, affecting governance and public policy.
Judicial Interventions: The Supreme Court has had to intervene to clarify the distribution of powers, which has sometimes resulted in ambiguity and further disputes.
Impact on Indian Federal Politics:
See lessThese conflicts highlight a trend where the balance of power between state or regional governments and central authorities is increasingly contentious. It suggests a growing need for clearer constitutional definitions and conflict resolution mechanisms to manage federal relations effectively. This may influence the structure of federal politics and governance in India, emphasizing the need for re-evaluation of federal arrangements and autonomy.
Explain the salient features of the Constitution (One Hundred and First Amendment) Act, 2016. Do you think it is efficacious enough "to remove cascading effect of taxes and provide for common national market for goods and services"? (250 words) [UPSC 2017]
The Constitution (One Hundred and First Amendment) Act, 2016, primarily aimed to facilitate the introduction of the Goods and Services Tax (GST) in India. Its salient features include: GST Framework: The Act provides the constitutional foundation for GST, which replaces multiple indirect taxes levieRead more
The Constitution (One Hundred and First Amendment) Act, 2016, primarily aimed to facilitate the introduction of the Goods and Services Tax (GST) in India. Its salient features include:
GST Framework: The Act provides the constitutional foundation for GST, which replaces multiple indirect taxes levied by both the Central and State governments with a single unified tax.
Dual GST Structure: It authorizes the implementation of a dual GST model, comprising Central GST (CGST) and State GST (SGST), with Integrated GST (IGST) for inter-state transactions. This structure helps in maintaining tax jurisdiction between central and state governments.
Compensation for States: To address potential revenue loss for states due to GST implementation, the Act includes provisions for compensation to states for a period of five years.
National GST Council: Establishes the GST Council, which includes representatives from the Centre and States, responsible for making recommendations on GST rates, exemptions, and administrative procedures.
Enhanced Federal Cooperation: Emphasizes cooperative federalism by requiring states and the Centre to work together in the administration of GST.
Efficacy in Addressing Tax Cascading and Common Market
The Act has been effective in several ways:
The Cascading Effect Can Be Eliminated GST is designed to eliminate the cascading effect of taxes by allowing input tax credits at each stage of the supply chain. This ensures that tax is levied only on the value added, rather than the total transaction value.
Common National Market: By harmonizing tax rates and reducing inter-state barriers, GST aims to create a common national market for goods and services. The removal of state-specific taxes and simplification of compliance requirements facilitate smoother interstate trade.
Challenges and Improvements
While the Act has made significant strides, challenges remain:
Implementation Issues: Complexities in GST rates, frequent changes, and compliance burdens can impact efficacy. Simplifying the tax structure and streamlining procedures could enhance effectiveness.
Technological and Administrative Hurdles: Ensuring that the technological infrastructure and administrative systems are robust and efficient is crucial for the smooth operation of GST.
In conclusion, the Constitution (One Hundred and First Amendment) Act, 2016, has laid a strong foundation for removing tax cascading and creating a unified market. However, its full potential will be realized with continued reforms and effective implementation strategies.
See less"Parliament’s power to amend the Constitution is a limited power and it cannot be enlarged into absolute power." In the light of this statement explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power? (250 words) [UPSC 2019]
Limits of Parliament’s Power to Amend the Constitution and the Basic Structure Doctrine Introduction: Article 368 of the Indian Constitution grants Parliament the power to amend the Constitution. However, the extent and limits of this power have been a subject of significant legal and constitutionalRead more
Limits of Parliament’s Power to Amend the Constitution and the Basic Structure Doctrine
Introduction: Article 368 of the Indian Constitution grants Parliament the power to amend the Constitution. However, the extent and limits of this power have been a subject of significant legal and constitutional debate. The key question is whether Parliament, under this provision, can destroy the Basic Structure of the Constitution by expanding its amending power.
Article 368 and Parliamentary Power: Article 368 empowers Parliament to amend the Constitution by way of adding, varying, or repealing provisions. This power, however, is not absolute. While Parliament can amend the Constitution to address changing needs and circumstances, this power is circumscribed by the fundamental principles underlying the Constitution.
Basic Structure Doctrine: The Basic Structure Doctrine was established by the Supreme Court in the landmark Kesavananda Bharati case (1973). The doctrine holds that certain fundamental features of the Constitution, which form its basic structure, cannot be altered or destroyed by amendments. These features include the supremacy of the Constitution, federalism, secularism, democracy, and the rule of law.
Parliamentary Limits: According to the Basic Structure Doctrine, Parliament’s amending power under Article 368 does not extend to altering or destroying the basic structure of the Constitution. This limitation ensures that fundamental principles remain intact despite changes in the Constitution. The Supreme Court has reaffirmed this doctrine in subsequent cases, emphasizing that while Parliament can amend the Constitution, it cannot use this power to undermine its core principles.
Judicial Oversight: The judiciary plays a crucial role in overseeing and ensuring that constitutional amendments do not infringe upon the basic structure. The power of judicial review allows the courts to examine amendments and ensure they comply with the Constitution’s core principles. This oversight mechanism acts as a check on the potential misuse of amending power by Parliament.
Conclusion: While Parliament under Article 368 has substantial power to amend the Constitution, this power is not limitless. The Basic Structure Doctrine ensures that Parliament cannot destroy the Constitution’s fundamental principles through amendments. Judicial oversight further reinforces this limitation, maintaining the integrity and stability of the Constitution while allowing for necessary changes and adaptations.
See lessExplain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect the accommodative spirit of federalism? (250 words) [UPSC 2023]
The 101st Constitutional Amendment Act, 2021, is a landmark legislation in India that significantly impacts the country’s federal structure and political representation. This amendment primarily addresses the issue of the delimitation of constituencies and the reservation of seats for Scheduled CastRead more
The 101st Constitutional Amendment Act, 2021, is a landmark legislation in India that significantly impacts the country’s federal structure and political representation. This amendment primarily addresses the issue of the delimitation of constituencies and the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs).
Significance of the 101st Constitutional Amendment Act
Reflection of Federalism
The 101st Amendment Act reflects the accommodative spirit of federalism in several ways:
In summary, the 101st Constitutional Amendment Act is significant for maintaining stable political representation and ensuring the continued reservation of seats for marginalized communities. It reflects the accommodative spirit of federalism by balancing the interests of different levels of government and promoting inclusiveness and justice within the federal framework.
See lessWhy the 42nd Amendment is called a revision of the Indian Constitution ? (125 Words) [UPPSC 2023]
The 42nd Amendment, enacted in 1976 during the Emergency period, is often referred to as a revision of the Indian Constitution due to its extensive changes that impacted the constitutional framework. It introduced significant modifications, including the addition of the Fundamental Duties of citizenRead more
The 42nd Amendment, enacted in 1976 during the Emergency period, is often referred to as a revision of the Indian Constitution due to its extensive changes that impacted the constitutional framework. It introduced significant modifications, including the addition of the Fundamental Duties of citizens, thereby enhancing the scope of rights and responsibilities.
Moreover, it altered the preamble, emphasizing the goals of socialism and secularism. The amendment also expanded the powers of the Parliament, allowing it to legislate on matters in the State List under certain conditions, which increased central authority. Additionally, it curtailed judicial review by limiting the scope of courts to challenge constitutional amendments. These sweeping changes collectively transformed the Constitution’s structure, earning the amendment its designation as a revision.
See lessHow have recent amendments to the Indian Constitution altered the balance of power between the central and state governments, and what impact has this had on local governance in different regions of India
The changes which have been introduced in the Indian Constitution in the recent past have shifted the balance of federal landscape and administration further to the Centre. For example, the Centre abrogated Article 370 in August 2019 and bifurcated Jammu and Kashmir into two Union Territories, whichRead more
The changes which have been introduced in the Indian Constitution in the recent past have shifted the balance of federal landscape and administration further to the Centre. For example, the Centre abrogated Article 370 in August 2019 and bifurcated Jammu and Kashmir into two Union Territories, which made most of the state’s autonomy nugatory, reporting directly to New Delhi. This was a particularly clear sign of a more active and dominant policy on the part of the central government in relation to the states, especially in matters of a federal character. For instance, while the 101st amendment in 2017 has integrated GST, it has necessitated the centralisation of tax collections. While this aided in the process of tax simplification it restricted the autonomy of the states on fiscal policy and made them more dependent on central grants. These changes have impacted local governance by reducing the ability and capacity of the state government to tackle issues that are local or peculiar to any region. Battles over centralization of power occurred concerning the loss of control over the economy and the management of specific regions, and the consequences of this for variation and autonomy of states. In this regard the change has generated questions on the efficiency of regional governance structures and capacity of states to address population needs where there is no adequate decentralization.
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