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The Indian Constitution establishes a bicameral Parliament at the national level, comprising the Lok Sabha (lower house) and the Rajya Sabha (upper house). This structure ensures representation from both the national and regional perspectives, with the Lok Sabha being the more powerful house.
The clear delineation of legislative powers between the Parliament and state legislatures is a crucial feature of India’s federal system.
Examine the Indian Constitution’s provisions regarding the dismissal of state governments and the removal of state governors. Analyze the procedures involved and the state legislatures’ function in utilizing these authorities. Compare it to other federal democracies’ systems for holding subnational ...
Explain the part Parliamentary Committees play in the operation of the Indian Parliament. (125 Words) [UPPSC 2021]
The parliamentary committees serves to play a crucial role in the working of the Indian parliament. These committess plays rhe role of providing expertise knowledge as and when referred to them . These committess also engage themselves in public role through submissions, on-site studdies and mostlyRead more
The parliamentary committees serves to play a crucial role in the working of the Indian parliament. These committess plays rhe role of providing expertise knowledge as and when referred to them . These committess also engage themselves in public role through submissions, on-site studdies and mostly involving in the decision making process. These committess comes under Article 105 and 118 of the Indian Constitution .
There are mainly two types of Parliamentary Committess in India they are :
a. Standing Committess – These are known to be the permanent committess in the parliament, as established by the parliament . They are constituted yearly or periodically, they mainly engage in the examining of the various bills , demanding certain grants as required . Provide the financial oversight and ensurures economy of the public expenditure.
Types :
Public accounts committee.-Examines CAG;s reports and investigates the irregularities in the financial sector .
Estimates committee.-ment to examine the budget and suggests in the economy in terms of public expenditure.
2. Ad-hoc committee-These are basically temporary parliamentary committee meant to work and formed to solve some specific purposes, consisrs both hpuses members.
Types:
a. Inquiry commitee -mainly in the investigation process of scams and scandels.
b. Joint committee- As the name suggests consits both houses members .
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Under what circumstances can the President’s Rule be enforced in a state? Additionally, describe the process of its implementation and the resulting consequences. (Answer in 200 words)
President's Rule in India: Constitutional Provisions and Controversies President's Rule, governed by Article 356, is a significant yet contentious provision in the Indian Constitution. It enables the central government to take direct control of a state when its constitutional machinery fails. GroundRead more
President’s Rule in India: Constitutional Provisions and Controversies
President’s Rule, governed by Article 356, is a significant yet contentious provision in the Indian Constitution. It enables the central government to take direct control of a state when its constitutional machinery fails.
Grounds for Imposition:
Procedure and Effects:
Recent Controversies:
President’s Rule remains a powerful tool in Indian federalism, but its application is closely scrutinized for potential misuse and its impact on state autonomy. Balancing the need for central intervention with respect for state sovereignty continues to be a critical aspect of its implementation.
See lessRoadmap for Answer Writing 1. Introduction Contextual Background: Introduce the role of the Governor as the constitutional head of a state and their legislative powers. Thesis Statement: State the importance of understanding the conditions for exercising these powers and the legality of re-promulgating ...
Model Answer Introduction The Governor, as the constitutional head of a state in India, wields specific legislative powers designed to address urgent issues when the State Legislature is not in session. Understanding these powers and the legality of their exercise is crucial for maintaining democratRead more
The Governor, as the constitutional head of a state in India, wields specific legislative powers designed to address urgent issues when the State Legislature is not in session. Understanding these powers and the legality of their exercise is crucial for maintaining democratic governance.
Under Article 213 of the Constitution, the Governor can promulgate ordinances when the State Legislature is not in session and immediate action is required.
The Governor possesses discretionary powers in specific situations, such as when no party has a clear majority in the State Legislature or during a constitutional crisis.
Re-promulgation of ordinances without placing them before the Legislature contravenes the spirit of the Constitution, which emphasizes legislative oversight and democratic governance.
Maintaining a balance between the Governor’s legislative powers and the necessity for legislative scrutiny is vital for upholding the spirit of the Constitution and preserving India’s democratic framework. The judicial precedents underscore the importance of legislative oversight in the exercise of these powers.
See lessRoadmap for Answer Writing 1. Introduction Objective: Introduce the concept of simultaneous elections in India and its significance. Key Points to Mention: Definition of simultaneous elections (also known as “One Nation, One Election”). Purpose: streamline the electoral process, reduce costs, and minimize disruptions from frequent ...
Model Answer Introduction Simultaneous elections, or "One Nation, One Election," propose conducting Lok Sabha and State Assembly elections at the same time in India. This concept aims to streamline the electoral process, reduce costs, and minimize disruptions caused by frequent elections. AdvantagesRead more
Simultaneous elections, or “One Nation, One Election,” propose conducting Lok Sabha and State Assembly elections at the same time in India. This concept aims to streamline the electoral process, reduce costs, and minimize disruptions caused by frequent elections.
While simultaneous elections offer clear benefits in terms of saving time and resources, they may also compromise government accountability and dilute local representation. A careful evaluation of these pros and cons, along with public consultations, is essential to ensure that such a system strengthens, rather than undermines, India’s democratic processes.
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Removal of State Governors and Dismissal of State Governments in India The Indian Constitution outlines distinct processes for the removal of state governors and the dismissal of state governments. Let's delve into each: Removal of State Governors: Grounds for Removal: The Governor can be removed byRead more
Removal of State Governors and Dismissal of State Governments in India
The Indian Constitution outlines distinct processes for the removal of state governors and the dismissal of state governments. Let’s delve into each:
Removal of State Governors:
Grounds for Removal: The Governor can be removed by the President only for “pleasure,” a euphemism for proven misconduct, violation of the Constitution, or incapacity.
Process: The President initiates the removal process, but the state legislature has no direct role. Parliament, however, can impeach the Governor on grounds of violation of the Constitution.
Dismissal of State Governments (President’s Rule):
Grounds for Dismissal: The President can dismiss a state government if:
Failure of Constitutional Machinery: The state government cannot function constitutionally, like a breakdown of law and order.
Threat to the Union: The state government acts in a way that threatens the nation’s security or integrity.
Financial Emergency: The financial situation of the state poses a threat to the nation’s financial stability.
Process: The President, upon receiving a report from the Governor or other credible sources, can proclaim President’s Rule. The state legislature is suspended, and the Governor takes over the administration. This period can last for a maximum of six months, extendable with Parliament’s approval.
Role of State Legislatures:
In both scenarios, the state legislature has a limited role. It cannot directly initiate the removal of the Governor or prevent President’s Rule.
However, the Governor’s actions are often based on reports and recommendations from the state government. A hostile legislature can make it difficult for the Governor to govern effectively.
Comparison with Subnational Executive Accountability in Other Federations:
United States: In the US, governors are directly elected and can be removed through impeachment by the state legislature. This empowers the legislature to hold the executive accountable.
Canada: Canadian provinces have Lieutenant Governors appointed by the federal government. However, unlike India, they hold a largely ceremonial role. Provincial Premiers (equivalent to Chief Ministers) are directly elected and can be removed through a vote of no confidence in the provincial legislature.
Australia: Similar to Canada, Australian state governors have a limited role. Premiers are directly elected and can be removed by a vote of no confidence in the state parliament.
Observations:
The Indian system gives the central government significant power over states. The President, often influenced by the party in power at the center, can dismiss a state government even if it enjoys a majority in the legislature. This can be seen as an infringement on federal principles.
The limited role of state legislatures weakens their ability to hold the Governor accountable.
Possible Reforms:
Granting state legislatures the power to initiate removal proceedings against the Governor with specific grounds and due process.
Making the Governor’s reports to the President subject to legislative scrutiny.
Exploring a system where state legislatures can hold votes of no confidence against the Chief Minister, similar to other federal democracies.
These changes could strengthen India’s federal structure by enhancing the accountability of the executive branch at both the state and central levels.
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