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Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid-1990s. [15 Marks] [2023]
Article 356 also known as President's Rule allows the President to assume control of a state's government in case of constitutional breakdown. Significant for maintaining national integrity and stability, it ensures center state harmony while safeguarding federal principles.The reduced frequency ofRead more
Article 356 also known as President’s Rule allows the President to assume control of a state’s government in case of constitutional breakdown. Significant for maintaining national integrity and stability, it ensures center state harmony while safeguarding federal principles.The reduced frequency of using Article 356 (President’s Rule) by Union Governments since the mid 1990s can be attributed to the following legal and political factors.
Legal factors –
Political factors –
- Coalition politics necessitates consensus building and compromise, discouraging unilateral imposition of President’s Rule (Article 356) by the central government.
- Federal Front Politics refers to regional parties collective influence, constraining the central government’s ability to impose President’s Rule (Article 356).
- Political accountability, a key factor in reducing Article 356’s use, ensures governments are responsible for their actions, facing scrutiny and consequences.
- State level politics, fueled by strong regional leaders and parties, resist central intervention, reducing arbitrary imposition of President’s Rule (Article 356) .
- Changes in political culture, such as increased consensus building and dialogue have reduced arbitrary use of Article 356 .
See lessCyber Security
The cyber security framework plays a major role in tackling cyber threats via the National Cyber Security Policy (2013) which has made progress against digital threats since it's inception . Evaluation of cyber security framework: Strengths : 1)Legal and regulatory framework: The Information TechnolRead more
The cyber security framework plays a major role in tackling cyber threats via the National Cyber Security Policy (2013) which has made progress against digital threats since it’s inception .
Evaluation of cyber security framework:
Strengths :
1)Legal and regulatory framework: The Information Technology act (2000) and National Cyber Security Policy (2013) aim to detect cyber threats towards data protection and online transactions. The legal framework criminalizes cyber offences and develop country’s protection against threats.
2) Setting up institutions such as :
3) National Cyber Security Policy:Marks strategic objectives effective cyber ecosystem via promotion of research and development .
4) Focus on capacity building.
5) Provide indigenous solution: NCRF promotes participation of companies like TCS ,Wipro, Cyber ark etc for cyber defence.
6) Public-private partnership
Reforms to further strengthen defences:
1) Awareness campaigns: best possible way of defending threats is informed masses.
2) Continuous review and adaptation: dynamic scenario which requires regular evaluation and modification.
3) Increased budget allocation: both by government and private parties monitored by top management ( 10% of IT budget recommended).
4) Training programmes as recently announced by HM Amit Shah of training 5000 commandos .
5) Acts such as Digital India which would encompass A.I , cybersecurity and data privacy.
See lessArguments say that India copied its Constitution from other countries rather than making its own. Answer this in 200 words with relevant points.
The comment that India imitated or borrowed its Constitution from other countries lacks the insight to identify the thoughtfulness and meticulousness that went into the drafting of that Constitution. The Indian Constitution does have selective salient features borrowed from other constitutions, butRead more
The comment that India imitated or borrowed its Constitution from other countries lacks the insight to identify the thoughtfulness and meticulousness that went into the drafting of that Constitution. The Indian Constitution does have selective salient features borrowed from other constitutions, but that was done with great pondering and contemplation, as these features could be further adapted easily into the Indian social and political milieu and domain.
1. Varied Sources of Inspiration: The Indian Constitution has been influenced by several sources including the British, American, Irish, Canadian, Australian, etc. For example, the concept of Fundamental Rights has obtained directly and indirectly from the U.S. Bill of Rights whereas the parliamentary system of government is a carbon copy of that of Britain.
2. Tailored to Indian Needs: Those borrowed features were not merely the copy words; rather, those were to be altered in the light of Indian needs. The makers of the Constitution under the Chairmanship of Dr. B.R. Ambedkar very cautiously deliberated and then made amendments in them to be relevant to India’s peculiar problems and aspirations.
3. Comprehensive and Original Framework: It is a broad document and contains the uniquity in the sense that, under the Constitution, provision for social justice, federalism, and the detailed Fundamental Duties list is relatively unique to India and nowhere else.
4. Innovative Provisions: It includes innovative provisions such as the Directive Principles of State Policy, which provide guidelines for the government to lay down the laws regarding the social and economic welfare of the people.
However, the Indian Constitution ventured only to draw from the earlier precedents. It was an original document, carved dethe only way possible to deal with the multiple and complicated needs of the country.
See lessDiscuss the various challenges of conducting simultaneous elections in India.
Conducting simultaneous elections in India presents several challenges. Firstly, logistical complexity is significant, given the vast geographical spread and diverse population. Coordinating the voting process across all states and union territories requires immense planning and resources. Secondly,Read more
Conducting simultaneous elections in India presents several challenges. Firstly, logistical complexity is significant, given the vast geographical spread and diverse population. Coordinating the voting process across all states and union territories requires immense planning and resources. Secondly, the financial cost is substantial, as simultaneous elections would necessitate extensive deployment of security personnel, electronic voting machines (EVMs), and other infrastructure. Additionally, the administrative burden on the Election Commission and other governmental bodies would be considerable, potentially straining their capacities. Political resistance is another challenge, with various political parties expressing concerns that simultaneous elections may favor national issues over regional ones, potentially marginalizing local voices. Furthermore, voter behavior might be influenced differently in a single election cycle, potentially affecting the democratic process. There is also the risk of electoral fatigue among voters, who might be overwhelmed by the scale and intensity of simultaneous elections. Finally, ensuring a level playing field for all candidates and parties in such a massive electoral exercise poses a significant challenge, raising concerns about fairness and equity in the democratic process. These challenges highlight the complexity of implementing simultaneous elections in a diverse and populous democracy like India.
See lessfederal and unitary structure
The Constitution of India is indeed an interesting blend of federal and unitary features. Let me explain: Federal Features: Distribution of Powers: The Indian Constitution divides powers between the central government and state governments. These powers are categorized into three lists: the Union LiRead more
The Constitution of India is indeed an interesting blend of federal and unitary features. Let me explain:
In summary, India’s federalism balances power-sharing while maintaining a strong central authority. It’s a unique system that reflects the country’s diverse needs and historical context.
See lessConstitution
Secularism can be defined as a social order where religion is neither actively promoted nor criticized. The western concept of secularism is based on the idea of mutual exclusion i.e both religion and state must stay away from each other. The Indian concept of secularism is different as we follow thRead more
Secularism can be defined as a social order where religion is neither actively promoted nor criticized. The western concept of secularism is based on the idea of mutual exclusion i.e both religion and state must stay away from each other. The Indian concept of secularism is different as we follow the idea of Principled Distance i.e there is no strict boundary between state and religion and they are not divided into water tight compartments as they share porous borders boundaries.
Originally the Indian constitution did not mention the word Secularism. It was added by the 42nd Amendment in 1976 but it does not mean that The Indian constitution was not secular on 26th November 1949 when the constitution was adopted. Through various articles Indian constitution has ascertained that India is a secular nation.
Indian secularism is based on the following ideologies:
Nehruvian – State should not have any religion and state should not discriminate anyone on the basis of religion. Article 15 and 27.
Gandhian – “Sarv Dharm Sambhav” i.e. all religions coexist. Religions should be treated equally and rights to practice ones religion. Article 25 and 14.
Dr. B.R. Ambedkar – Minorities right to religion. Article 29, 30 and 17.
Fundamental rights:
Article 14: Equality before law (irrespective of religion)
Article 15: State shall not discriminate on the basis of religion.
Article 25 – 28: Ensure freedom of religion to all.
Secularism forms the basics structures of the constitution. The Indian Union is not completely identified with a particular religion also it is not adverse to the use of religious symbols. Every citizen is equally entitled to the freedom of conscious and right to religion to freely profess, practice and propagate the religion of their own choice. Thus it would be correct to say that Indian constitution was secular even on 26 November 1949 before the word secularism was added in the Indian constitution by the 42nd constitutional amendment of 1976.
See lessHow have evolving economic dynamics impacted fiscal relations between the Union and the States in India?
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