Why didn’t Dr. Ambedkar, the father of the Indian constitution, include the word “secularism” in the constitution which he wrote? Why was it later added in 1976 as an amendment to the constitution by Indira Gandhi?
The Sarkaria commission, also called "Commission on Centre- State relations" was formed by the Government in 1983 in order to improve the relations between the Centre and state in matters of power distribution and administrative measures. There were varied reasons for its formation which are as follRead more
The Sarkaria commission, also called “Commission on Centre- State relations” was formed by the Government in 1983 in order to improve the relations between the Centre and state in matters of power distribution and administrative measures.
There were varied reasons for its formation which are as follows: –
- Governance issues- Major socio-economic challenges and complications in governance required proper and streamlined measures in order to let centre and state function effectively.
- Federal conflict- By early 1980s, there was increased tensions and conflicts regarding federal distribution of power among state and centre leading to problems like unbalance of power, biased decision making and unequal autonomy.
- Political Uprisings- The political structure of India was witnessing uprising of regional political parties forming coalitions marking conflicts in centre and state decisions, thereby compromising effective administration for the welfare of the country.
Few important recommendations given by Sarkaria commission are as follows:-
- Inter-state council- The commission recommended establishment of a permanent inter-state council under Article 263 of the Indian constitution for discussion of police for effective centre-state relations like regarding issues falling under List III- concurrent list in which both centre and state can give decisions.
- Judicial Reforms- The Sarkaria Commission suggested establishment of Central law and state law commissions to ensure proper implementation of legal reforms and ensure justice is served adequately and effectively to the grass root levels.
- Article 356 as Last resort- The commission recommended that use of Article 356 (President’s rule) should be the last resort in case of any emergency. The commission suggested that a warning must precede before Article 356 is implemented in a state and a report of governor on which Article 356 is based must be factual and objective on merits.
- Appointment of a Governor- The commission recommended that a governor will be a non-partisan figure and will not be an agent of the centre. The commission also recommended that a person who will be appointed as a governor should not be actively involved in politics and must be barred from holding any constitutional position if he leaves his office.
While all the recommendations of Sarkaria commission are not fully implemented yet, its report remains a significant reference on Centre-state relations.
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Though Dr. B.R. Ambedkar was the principal architect of the Constitution, he never used the term "secularism" in the original document. The reason behind this was that he believed its essence was already instilled in the working of the Constitution through various provisions that ensured freedom ofRead more
Though Dr. B.R. Ambedkar was the principal architect of the Constitution, he never used the term “secularism” in the original document. The reason behind this was that he believed its essence was already instilled in the working of the Constitution through various provisions that ensured freedom of religion and equal treatment of religions. Articles from 25 to 28 ensured freedom of religion, and the Preamble laid emphasis on justice, liberty, equality, and fraternity, which implicitly acknowledged the concept of a secular state.
The term “secularism” was inserted into the Constitution through the 42nd Amendment under Indira Gandhi’s prime ministership in 1976. This was a broader attempt at underlining the country’s commitment to secularism and socialism at a time when the polity was getting increasingly satiated with political and social disturbances. It was reiterated in the Preamble itself, reiterating the fact that India shall remain committed to the cause of religious neutrality by treating all religions equally so that the State does not show any partiality towards any particular religion.
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