Indian Constitution

Model Answer

Introduction

The Indian Constitution aims to maintain unity and integrity within the diverse socio-political landscape of the nation. Over time, various legislations have been enacted to ensure central control during crises and to address specific challenges that threaten this unity.

Body

Epidemic Diseases Act, 1897

The Epidemic Diseases Act was established to curb the spread of dangerous epidemics across India. It empowers the central government to implement necessary measures, such as the inspection and segregation of travelers, to manage public health emergencies (Source: Epidemic Diseases Act, 1897). This act has been crucial during health crises like the COVID-19 pandemic, enabling a coordinated national response. While it allows state governments to create temporary regulations, the overarching authority remains with the central government, showcasing a centralizing tendency aimed at maintaining public health and safety.

Disaster Management Act, 2005

The Disaster Management Act provides a comprehensive framework for managing disasters, including aspects like preparedness and response. It established the National Disaster Management Authority (NDMA), chaired by the Prime Minister, to supervise disaster management nationally (Source: Disaster Management Act, 2005). This legislation empowers the central government to formulate policies and guidelines that states must follow, ensuring a unified strategy. Such centralization facilitates efficient resource allocation and coordination during emergencies, further exhibiting the Constitution’s inclination toward central authority for national integrity.

Farm Acts

The recently passed Farm Acts aim to reform India’s agricultural sector by liberalizing trade and enhancing market access for farmers. However, these acts have been criticized for undermining state authority, particularly regarding agricultural marketing and price regulation (Source: Government of India, Ministry of Agriculture). The central government’s role in these reforms raises concerns about the erosion of federalism, leading to widespread protests from stakeholders who feel their autonomy is being compromised.

Conclusion

These legislations illustrate the Indian Constitution’s centralizing tendencies. While central control can ensure unity and effective decision-making, it is crucial to maintain a balance that respects the federal structure of the nation.

Model Answer

Introduction

The Indian Constitution provides for the joint session of both houses of Parliament under Article 108. This mechanism is primarily designed to resolve legislative deadlocks between the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).

Occasions When a Joint Session is Normally Held

1. Deadlock on a Non-Money Bill: A joint session can be convened if a non-money bill is passed by one house and rejected by the other, or if both houses fail to agree on amendments to the bill. In such cases, the President of India can summon a joint session to resolve the deadlock.
2. Bill Pending for More Than Six Months: If a bill passed by one house is sent to the other house and remains pending for more than six months without any decision, the President can call a joint session to expedite the legislative process.

In both scenarios, the joint session is presided over by the Speaker of the Lok Sabha, or in their absence, the Deputy Speaker, or a person determined by the President if both are unavailable.

Occasions When a Joint Session Cannot Be Held

1. Money Bills: Joint sessions cannot be called for money bills, as the Rajya Sabha’s powers are limited in this context. Money bills can only be introduced in the Lok Sabha.
2. Constitutional Amendment Bills: These bills require separate passage by both houses with a special majority, as specified in Article 368 of the Constitution.
3. Impeachment Proceedings: A joint session cannot be convened for impeachment proceedings against the President, as this process requires each house to pass a resolution with a two-thirds majority separately.
4. No-Confidence Motion: A joint session cannot be held to discuss and pass a no-confidence motion against the government, as this motion is applicable only to the Lok Sabha.
5. Approval of Ordinances: Joint sessions are not applicable for the approval of ordinances issued by the President when Parliament is not in session. Ordinances must be separately approved by both houses within six weeks of Parliament’s reassembly.

Conclusion

In conclusion, while the Indian Constitution allows for joint sessions to resolve legislative deadlocks on non-money bills, there are specific instances where such sessions cannot be convened, reflecting the procedural integrity of parliamentary democracy.