Q.1) Does Indian constitution leaves space for institutional domination? Explain in the light of recent judgment by Supreme Court on the constitutionality of NJAC?
The Top Answer for this Question is written by – Vidhu
Ans) The Indian constitution has provided for a clear demarcation of powers and responsibilities among the 3 pillars of democracy. The independence of the judiciary forms part of the basic structure of the constitution. This provision was put in order to prevent encroachment in the domain of judiciary by the other powers.
In the recent judgement by the Supreme Court, it called the formation of NJAC as unconstitutional. The bone of contention was the presence of the law minister and 2 eminent people in the recommendation body for the appointment of judges of Supreme Court and High Courts. Their presence was seen as a way in which executive could dominate the formation and working of judicial system in India.
In India, although every institution has certain flaws like unnecessary delays, lack of accountability, transparency yet the constitution does not provide for the supremacy of one over the others. No institution can interfere in the working of the other. The constitution provides for a system of checks and balances to bring efficiency in their workings. With clear distinction in power and responsibilities, every institution has a separate area of work whichshould not be breached. Judicial overreach, judicial review , executive domination over legislature do occur but they are not provided in the constitution.
While there is a need to reform the existing collegium system yet encroaching over other institutions violates the constitution. A balanced transparent and accountable democracy is essential which respects the working of all the other pillars.
Q.2) Differentiate between Judicial Review, Judicial Overreach and Judicial Activism. Give relevant examples for each. Are they necessary evil in Indian democratic traditions?
The Top Answer for this Question is written by – V Kumar
Ans) Judicial review is constitutional means to check the validity of parliamentary law, by law, constitutional amendment, regulation, ordinance, notification etc. Supreme court and High court can declare Null and void in case these are against the constitution. NJAC is struck down by supreme court in judicial review.
Term Judicial overreach is used when courts exceeds their authority in interpreting the law, and they have become an extra constitutional lawmaking body. As supreme court has cancelled the licence of 2G spectrum.
Judicial activism is used when judiciary suo moto takes call on public issues and some time instruct the government or give guideline for clarity of laws. judiciary recently said to legislate law for uniform civil code.
All these instrument is seen as constrain on sovereignty of constitutional law making institution with people mandates. Judiciary some time stuck down laws and declared it as unconstitutional. So, these can be seen as evil. Though constitution is above all institutions in democracy so its spirit should not be tampered. Hence it is necessary.
Q.3) Do you support the argument that India should move towards two-coalition system, if not two party system? Make a critical assessment of this proposal.
The Top Answer for this Question is written by – Monk who sold his Nano
Ans) Indian union represents unity in diversity; a diversity which is certainly not binary in nature. Enforcing 1 party or 2 party or any fixed ‘n’ party rule would be putting a curb on this beautiful diversity. Every group may h ave a completely different perception, apprehension and solution to the problem. For eg. The CPI, TMC, BJP, and INC all have different views on Teesta water sharing. It’s the beuty of multi party democracy that can bring all those views to the fore.
Besides, democracy should be accompanied by liberty (The ability to be not constricted to a binary world view). And considering the way Indian parliamentarians have evolved (or devolved), this may further lead to practices of horse trading, corruption, and appeasements (the very menace which the 2 party coalition system wants to curb)
From Tharoor’s book- “Indian nationalism is a rare animal indeed. It is not based on language (since we have at least 17 or 35, depending on whether you follow the Constitution or the ethnolinguists), geography (the “natural” frontiers of the subcontinent – the mountains and the sea – have been hacked by the partition of 1947), ethnicity (the “Indian” accommodates a diversity of racial types in which many Indians have more in common with foreigners than with other Indians) or religion (we are home to every faith known to man, and Hinduism – a faith without a national organisation, no established church or ecclesiastical hierarchy, no uniform beliefs or modes of worship – exemplifies as much our diversity as it does our common cultural heritage).
We are all minorities in India. Indian nationalism is the nationalism of an idea, the idea of an ever-ever land, emerging from an ancient civilization, united by a shared history but sustained above all by pluralist democracy. We can endure differences of caste, creed, colour, culture, custom and cuisine, and still rally around the consensus. That consensus is around a simple principle, that in a diverse democracy you don’t really need to agree on everything, except on ground rules how you will disagree”.
Q.4) Secessionist tendencies in India are as old as the country itself. Discuss the various factors that fuel such tendencies and suggest measures to curb them.
The Top Answer for this Question is written by – Vidhu
Ans) Secession is the process of withdrawal or moving away from the union by a smaller state or territory. There have been secessionist tendencies in India ever since the birth of the nation in 1947. The multi cultural ,multi religious , multi lingual country has various factors which led to these tendencies are:
Historical – With the end of British rule in 1947 the princely states of Hydrabad, Travancore, J&K wanted to remain sovereign and outside Indian union
Cultural and political – Imposition of Hindi as official language hurt the Southern states. It was felt as imposing majority rule and disrespect to their culture. exploited politically this led to secessionist tendencies. The demand for Khalistan was political in nature. The huge geographical extent of India creates diversity and inequalities in the society.
Economic neglect – Continuous neglect by governments and in bringing sustainable economic development in North East , J&K has brought secessionist tendencies
Foreign interference and extremism – The interference and encouragement by China , Pakistan and the extremism of Naxals have aggregated the problems
Some measures to curb this tendencies are:
Respecting the multiple religions, languages and cultures of the country without any bias.
Create employment opportunities in the country.
Promoting sustainable infrastructure development in all states.
Using diplomacy and electoral reforms to bring secessionist groups in the political system.
Diluting draconian laws like AFSPA, punishing offenders and improving the democratic setup in conflict prone states.
Strengthening the security forces.
Q.5) ‘Helpful’ factors are found in abundance in all parts of the country for democratic decentralization, but most state governments are reluctant to provide ‘essential’ things for it. Discuss in Indian context.
The Top Answer for this Question is written by – Cosviny
Ans) Democratic decentralization has been our tradition of political participation through Village Gram panchayat which institutionalized under 73rd and 74th constitutional amendment act, 1992. Helpful factors in India for democratic decentralization are:-
Constituional mandate of welfarist democracy and development of PRI’s.
Village has been self sufficient unit with internal dispute redressal mechanism and cooperative community life. It can be easily institutionalized as envisaged in 73rd and 74th amendment act.
Multiparty system -local people mobilization through regional parties.
Demograhic dividend can be harnessed in all parts of India for Grassroot democracy.
India witnessing NGO boom there is one for every 600. this is alternative for state controlled PRI .
value system bases on Gandhian Sawaraj. Ideological belief with pragmatism of democracy at grassroot like Vinoba Bhave and Jaiprakash Narayan
But even after Constitutional provision structure ,function and fund allocation is not uniform in all states. Most of the states are reluctant to provide essential things to Bodies of PRI’s for effective functioning like:-
Non availability of fund -function and functionary to PRI’s and Nagar panchayat or Parishad
Irregular election or sometime excessive delay in formation
Parastatal bodies like DRDA are still working and state are not assertive to demand devolution of fund and function to PRI instead.States dependenecy on centrally sponsored and Parastatals.
No division of powers among PRI’s and other organ of state governemnt. No separate list of taxation for local Bodies so that they can work autonomously.