Why India cannot be a unitary state despite the fact that the constitution has made center more strong then the states?
Model Answer Introduction Since ancient times, Scheduled Tribes (STs) in India have faced significant cultural discrimination and socio-economic exploitation, resulting in challenges related to health, education, and income. The Constitution of India includes various provisions aimed at preventing dRead more
Model Answer
Introduction
Since ancient times, Scheduled Tribes (STs) in India have faced significant cultural discrimination and socio-economic exploitation, resulting in challenges related to health, education, and income. The Constitution of India includes various provisions aimed at preventing discrimination against STs and protecting their rights.
Body
The Government of India has implemented several legal initiatives to combat discrimination against STs, with two major acts being particularly significant:
1. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015
This Act addresses the unique atrocities faced by STs, including accusations of witchcraft, sexual harassment, and the disrobing of women. Key features of the Act include:
- Cognizable Offenses: All offenses under the Act are cognizable, meaning that police can arrest without a warrant.
- No Anticipatory Bail: There is no provision for anticipatory bail, ensuring that perpetrators are held accountable.
- Special Courts: The Act mandates the establishment of Special Courts to expedite the trial of such offenses.
- Victim Rehabilitation: It provides for relief and rehabilitation of victims of atrocities.
2. Forest Rights Act, 2006
The Forest Rights Act recognizes the rights of forest-dwelling tribal communities over forest resources, addressing their dependence on forests for livelihood and cultural practices. Key provisions include:
- Land Ownership: The Act grants ownership rights to families for land they have been cultivating, ensuring security of tenure.
- Rights to Minor Forest Produce: It acknowledges STs’ rights to gather and utilize minor forest produce.
- Cultural Protection: By recognizing land rights, the Act also safeguards the cultural practices and lifestyles of tribal communities.
Conclusion
These two legal initiatives—the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, and the Forest Rights Act, 2006—have played a crucial role in addressing discrimination and protecting the rights and cultural identities of Scheduled Tribes in India.
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India cannot be a unitary state because the constitution gives more power to center than the states,more power is given to central government.Here's an explanation for more clarity- 1-India is a diverse country and home of vast cultures,languages,ethnic groups and religions,if all the power will beRead more
India cannot be a unitary state because the constitution gives more power to center than the states,more power is given to central government.Here’s an explanation for more clarity-
1-India is a diverse country and home of vast cultures,languages,ethnic groups and religions,if all the power will be centralised it would be difficult for a government to manage and respect the diversity,hence the federal structure gives different states the authority to manage things according to their local needs.
2-In British era,India was controlled by a centralised authority,which caused a lot of dissatisfaction and the framers of the constitution were aware about this situation hence they designed our constitution accordingly.
3-The federal structure of our constitution divides the power between central and state.India has bicameral legislature which represents the states at the federal level.
4-The center has more powers but supreme court often rules in favour of states rights whenever there is conflict which maintains power between center and state.
5-India is large and diverse country it cannot be government effectively by centralised authority and centralised government would be overburdened and disconnected from local realities ,local administration are better at handling local issues which helps in smooth functioning.
In simpler terms,India should remain a federal country because it is too diverse and has complex historical context and need for local governance.The balance between federalism and centralisation ensures effective functioning of a nation while respecting regional identities and maintaining unity.
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