BPSC-102 Solved Assignment
Assignment – I Answer the following in about 500 words each. Each question carries 20 Marks.
- Elaborate upon the emergency provisions outlined in the Indian Constitution.
- Discuss the philosophical underpinnings that shaped the Constitution of India.
Assignment – II
Answer the following questions in about 250 words each. Each question carries 10 Marks.
- What is the function of Parliamentary Committees?
- Outline the scope and significance of Judicial Review.
- Explain the procedure for the election of the President of India.
Assignment – III
Answer the following questions in about (\mathbf{1 0 0}) words each. Each question carries (\mathbf{1 0}) Marks
- Describe the Special Powers of the Rajya Sabha.
- Explain the special provisions for the hill areas of Northeast India.
- Explain the structure and role of a Gram Panchayat.
- Describe the provisions of the Sixth Schedule.
- Compare Fundamental Rights and Directive Principles of State Policy.
Answer:
Question:-1
Elaborate upon the emergency provisions outlined in the Indian Constitution.
Answer:
The Indian Constitution provides a robust framework for addressing emergencies that threaten the nation’s security, stability, or governance. These emergency provisions empower the central government to take extraordinary measures during crises, ensuring the nation’s sovereignty and integrity. Below is a comprehensive explanation of the emergency provisions, organized under distinct headings.
1. National Emergency
A National Emergency, as outlined in Article 352, is declared when there is a grave threat to the nation’s security due to war, external aggression, or armed rebellion. The President of India can proclaim this emergency if the Union Cabinet recommends it in writing. Once declared, it allows the central government to assume sweeping powers, including overriding state governments’ authority and suspending certain fundamental rights, except those under Articles 20 and 21 (protection against double jeopardy, ex post facto laws, and right to life and liberty).
The declaration requires parliamentary approval within one month and must be renewed every six months. Historically, India has experienced National Emergencies in 1962 (India-China War), 1971 (India-Pakistan War), and 1975 (internal disturbance, later controversial). During this period, the Centre can issue directives to states, reallocate funds, and deploy armed forces extensively. The judiciary retains limited oversight to ensure the proclamation adheres to constitutional limits, as clarified in the Minerva Mills case (1980), which emphasized judicial review to prevent misuse.
2. State Emergency (President’s Rule)
Under Article 356, a State Emergency, commonly known as President’s Rule, is imposed when a state’s constitutional machinery fails, either due to political instability, failure to form a government, or inability to function in accordance with the Constitution. The President, upon receiving a report from the state’s Governor or otherwise, can declare this emergency, dissolving the state legislature and bringing the state under direct central control.
The Union assumes the state’s executive and legislative powers, with the Governor acting as the Centre’s representative. Parliament or the President can pass laws for the state during this period. This provision has been invoked over 100 times since 1950, though its frequent use in the past for political motives led to reforms. The S.R. Bommai case (1994) established strict guidelines, requiring the Centre to justify the imposition and subjecting it to judicial review. President’s Rule is temporary, typically lasting six months, extendable up to three years with parliamentary approval, ensuring states revert to democratic governance as soon as feasible.
3. Financial Emergency
A Financial Emergency, governed by Article 360, is declared if the President is satisfied that India’s financial stability or credit is threatened. This provision allows the Centre to issue directions to states to observe financial propriety, reduce salaries of public servants, and control money bills or financial legislation. The President can also direct the Reserve Bank of India to take specific measures to stabilize the economy.
Unlike National or State Emergencies, this provision has never been invoked in India’s history, reflecting its cautious use. It requires parliamentary approval within two months and remains in effect until revoked. The provision ensures fiscal discipline during severe economic crises, such as hyperinflation or bankruptcy risks, but its drastic nature demands careful consideration to avoid undermining federal principles.
Conclusion
The emergency provisions in the Indian Constitution strike a delicate balance between empowering the central government to act decisively during crises and safeguarding democratic principles through checks and balances. National Emergency addresses external and internal threats to sovereignty, State Emergency ensures governance continuity in failing states, and Financial Emergency protects economic stability. Judicial oversight, as established in landmark cases, prevents misuse, while parliamentary approval ensures democratic accountability. These provisions reflect India’s commitment to federalism and resilience, allowing the nation to navigate existential threats while upholding constitutional values. However, their implementation must remain judicious to preserve the democratic fabric and federal structure of the nation.
Question:-2
Discuss the philosophical underpinnings that shaped the Constitution of India.
Answer:
The Indian Constitution, enacted on January 26, 1950, is a monumental document reflecting a synthesis of philosophical ideas drawn from India’s historical ethos, global democratic principles, and socio-political aspirations. Its philosophical underpinnings are rooted in diverse ideologies that balance individual liberties, social justice, and national unity. Below is a comprehensive exploration of these foundational philosophies, organized under distinct headings.
1. Liberalism and Individual Rights
The philosophy of liberalism profoundly shaped the Indian Constitution, emphasizing individual dignity, freedom, and equality. Drawing from thinkers like John Locke and John Stuart Mill, the framers incorporated the Fundamental Rights (Part III) to guarantee personal liberties such as freedom of speech, equality before the law, and protection against discrimination. These rights reflect the liberal belief in the inherent worth of individuals and their right to live free from arbitrary state interference. The inclusion of Articles 14 to 18, ensuring equality and prohibiting discrimination, underscores this commitment.
However, Indian liberalism is not purely Western. It integrates indigenous traditions of tolerance and pluralism, as seen in ancient texts like the Upanishads and Emperor Ashoka’s edicts, which advocate ethical governance and respect for diverse beliefs. The Directive Principles of State Policy (Part IV) further complement liberalism by guiding the state to promote welfare, ensuring that individual freedoms coexist with collective well-being, a pragmatic adaptation to India’s socio-economic realities.
2. Socialism and Social Justice
Socialism, particularly its democratic variant, is a cornerstone of the Indian Constitution, reflecting the nation’s commitment to reducing inequalities in a deeply stratified society. Inspired by thinkers like Karl Marx and Indian leaders like Jawaharlal Nehru, the Constitution incorporates provisions to address economic and social disparities. The term “socialist” was explicitly added to the Preamble via the 42nd Amendment (1976), emphasizing the state’s role in ensuring equitable resource distribution.
Directive Principles, such as Article 38 (promoting welfare) and Article 39 (ensuring equitable wealth distribution), embody socialist ideals by urging the state to minimize income disparities and provide opportunities for marginalized groups. Reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes, as well as land reforms and labor protections, reflect this philosophy. This socialist framework seeks to uplift the disadvantaged while maintaining democratic freedoms, distinguishing India’s approach from authoritarian socialist models.
3. Gandhian Principles and Decentralized Governance
Mahatma Gandhi’s philosophy of self-reliance, non-violence, and grassroots democracy significantly influenced the Constitution, particularly in its vision for rural empowerment. Gandhian thought emphasized village-centric governance and socio-economic self-sufficiency, which found expression in the Directive Principles, notably Article 40, which mandates the establishment of village panchayats. The 73rd and 74th Amendments (1992) later strengthened this vision by institutionalizing Panchayati Raj and urban local bodies.
Gandhi’s focus on ethical governance and social harmony also shaped provisions like Article 46, which promotes the welfare of weaker sections. His emphasis on non-violence and tolerance influenced the Constitution’s commitment to secularism, ensuring equal respect for all religions. This philosophy bridges India’s traditional values with modern governance, fostering decentralized democracy and community-driven development.
Conclusion
The Indian Constitution is a remarkable amalgamation of liberal, socialist, and Gandhian philosophies, tailored to India’s unique historical and cultural context. Liberalism ensures individual freedoms and equality, socialism addresses systemic inequalities to promote social justice, and Gandhian principles emphasize decentralized governance and ethical values. Together, these philosophies create a framework that balances individual rights with collective welfare, pluralism with unity, and tradition with modernity. The Constitution’s enduring strength lies in its ability to harmonize these diverse ideologies, enabling India to navigate its complex socio-political landscape while upholding democratic ideals and fostering inclusive progress.
Question:-3
What is the function of Parliamentary Committees?
Answer:
Functions of Parliamentary Committees in India
Parliamentary Committees in India are essential instruments of the legislative process, designed to enhance the efficiency, scrutiny, and effectiveness of parliamentary functions. These committees, comprising members from both the Lok Sabha and Rajya Sabha, operate as smaller, specialized bodies to handle tasks that the larger Parliament cannot address in detail due to time constraints. Their functions can be broadly categorized into legislative scrutiny, oversight, financial control, and advisory roles.
Legislative Scrutiny: Parliamentary Committees, particularly Departmentally Related Standing Committees, examine bills referred to them by the House. They analyze proposed legislation clause by clause, consult experts, stakeholders, and ministries, and suggest amendments to ensure laws are well-crafted and practical. For instance, the Committee on Home Affairs may review bills related to internal security, ensuring comprehensive deliberation before enactment.
Oversight and Accountability: Committees like the Public Accounts Committee (PAC) and the Committee on Public Undertakings oversee government actions and hold the executive accountable. The PAC scrutinizes the appropriation accounts and audit reports prepared by the Comptroller and Auditor General (CAG), ensuring public funds are used efficiently and transparently. Similarly, the Estimates Committee evaluates government expenditure proposals, recommending cost-effective measures and policy improvements.
Financial Control: Financial Committees, such as the PAC and the Estimates Committee, play a critical role in maintaining fiscal discipline. They examine budgetary allocations, government spending, and financial irregularities, ensuring that public money is spent in accordance with parliamentary approvals. This function strengthens the principle of accountability in governance.
Advisory and Investigative Roles: Committees also advise the government on policy matters and investigate specific issues. Ad hoc committees, like Joint Parliamentary Committees (JPCs), are formed to probe significant matters, such as financial scams or policy failures. Standing Committees, like the Committee on External Affairs, provide recommendations on policy issues, fostering informed decision-making.
Enhancing Expertise and Deliberation: By working in smaller groups, committees facilitate in-depth discussions, incorporating diverse perspectives from members across party lines. They consult experts, stakeholders, and civil society, ensuring that legislation and policies reflect ground realities.
In conclusion, Parliamentary Committees act as the backbone of India’s legislative process, ensuring thorough scrutiny, accountability, and informed policymaking. By bridging the gap between Parliament and the executive, they uphold democratic principles and strengthen governance.
Question:-4
Outline the scope and significance of Judicial Review.
Answer:
Scope and Significance of Judicial Review in India
Judicial Review is a cornerstone of India’s constitutional framework, empowering the judiciary to review the actions of the legislature and executive to ensure their alignment with the Constitution. Enshrined primarily in Articles 13, 32, and 226, it allows the Supreme Court and High Courts to examine the constitutionality of laws, executive orders, and administrative actions. Its scope and significance are pivotal in upholding the rule of law, protecting fundamental rights, and maintaining the balance of power in India’s democratic system.
Scope of Judicial Review: The scope encompasses three primary areas: legislative, executive, and administrative actions. First, under Article 13, courts can strike down laws or amendments that violate the Constitution’s basic structure or fundamental rights, as established in landmark cases like Kesavananda Bharati (1973). Second, it extends to executive actions, ensuring that government policies and orders comply with constitutional mandates. Third, administrative decisions, such as those by public authorities, are reviewed to prevent arbitrariness, as seen in cases like Maneka Gandhi (1978), which expanded the interpretation of Article 21. Judicial Review also covers delegated legislation and ordinances, ensuring they do not exceed constitutional limits. However, it is not absolute; courts cannot interfere in policy matters unless they violate constitutional provisions, as clarified in S.R. Bommai (1994).
Significance of Judicial Review: Judicial Review serves as a guardian of constitutional supremacy, ensuring that no branch of government oversteps its authority. It protects fundamental rights by providing remedies against state excesses, as seen in Article 32, which allows citizens to approach the Supreme Court directly for rights enforcement. It reinforces the separation of powers, preventing legislative or executive overreach, and upholds federalism by resolving Centre-State disputes. Landmark judgments, such as Minerva Mills (1980), have strengthened the judiciary’s role in preserving the Constitution’s basic structure. Additionally, Judicial Review promotes accountability and transparency, deterring arbitrary governance.
In conclusion, Judicial Review is a vital mechanism for safeguarding democracy, ensuring constitutional compliance, and protecting citizens’ rights. By balancing judicial activism with restraint, it maintains the integrity of India’s constitutional framework, fostering a just and equitable society.
Question:-5
Explain the procedure for the election of the President of India.
Answer:
Procedure for the Election of the President of India
The election of the President of India, as outlined in Article 54 and Article 55 of the Constitution, is a structured process designed to ensure a democratic and representative selection of the nation’s head of state. The President, a ceremonial figurehead with significant constitutional duties, is elected through an indirect electoral process involving an Electoral College. The procedure is detailed in the Presidential and Vice-Presidential Elections Act, 1952, and emphasizes federal principles and proportional representation.
Composition of the Electoral College: The Electoral College comprises elected members of both Houses of Parliament (Lok Sabha and Rajya Sabha) and elected members of the Legislative Assemblies of States and Union Territories (Delhi and Puducherry). Nominated members, such as those in the Rajya Sabha or state legislatures, do not participate. The system ensures a balance between the Centre and States by assigning weighted votes to electors.
Voting System and Value of Votes: The election employs a single transferable vote system with a secret ballot, ensuring proportional representation. Each elector’s vote carries a specific value: for Members of Legislative Assemblies (MLAs), the vote value is calculated by dividing the state’s population (per the 1971 Census) by the number of elected MLAs, further divided by 1,000. For Members of Parliament (MPs), the vote value is determined by dividing the total value of all MLAs’ votes by the number of elected MPs. This ensures parity between parliamentary and state votes.
Nomination and Election Process: A presidential candidate must be a citizen of India, at least 35 years old, and eligible for Lok Sabha membership. The nomination requires at least 50 electors as proposers and 50 as seconders. The Election Commission of India oversees the process, announcing the election schedule. Voting occurs in designated centers, and ballots are counted using the single transferable vote system, where candidates must secure a quota of votes to win. If no candidate achieves the quota, votes are redistributed until a winner emerges.
Significance and Oversight: The process reflects India’s federal structure, balancing representation between populous and smaller states. The Supreme Court has jurisdiction over election disputes, ensuring fairness.
In conclusion, the President’s election is a meticulously designed process that upholds democratic and federal principles, ensuring a representative and impartial selection of India’s head of state.
Question:-6
Describe the Special Powers of the Rajya Sabha.
Answer:
Special Powers of the Rajya Sabha
The Rajya Sabha, India’s upper house, holds unique powers under the Constitution, reflecting its role in the federal structure and legislative balance. Unlike the Lok Sabha, it represents states and Union Territories, ensuring their interests are safeguarded. First, under Article 249, the Rajya Sabha can empower Parliament to legislate on State List subjects by passing a resolution with a two-thirds majority, if deemed in the national interest. Second, under Article 312, it can initiate the creation or abolition of All-India Services, like the IAS, by a two-thirds majority, promoting administrative uniformity. Third, during a National Emergency, if the Lok Sabha is dissolved, the Rajya Sabha assumes temporary legislative powers under Article 356, ensuring continuity. Additionally, it plays a key role in constitutional amendments and checks hasty legislation, complementing the Lok Sabha. These powers underscore its role in federalism and legislative stability.
Question:-7
Explain the special provisions for the hill areas of Northeast India.
Answer:
Special Provisions for the Hill Areas of Northeast India
The Indian Constitution includes special provisions to address the unique socio-cultural and administrative needs of the hill areas in Northeast India, ensuring their autonomy and development. Under Article 371, specific clauses cater to states like Assam, Manipur, Meghalaya, Nagaland, Mizoram, and Arunachal Pradesh. For instance, Article 371A grants Nagaland’s legislature authority over Naga customary laws, social practices, and land resources, requiring its consent for parliamentary laws affecting these areas. Article 371G provides similar protections for Mizoram, safeguarding Mizo customs and land rights. The Sixth Schedule establishes Autonomous District Councils (ADCs) in Assam, Meghalaya, Tripura, and Mizoram, empowering tribal areas to govern local issues like land, forests, and customary laws. These councils have legislative and judicial powers, promoting self-governance. These provisions preserve tribal identity, ensure regional autonomy, and foster development while integrating the Northeast into India’s federal framework.
Question:-8
Explain the structure and role of a Gram Panchayat.
Answer:
Structure and Role of a Gram Panchayat
A Gram Panchayat is the foundational unit of India’s rural local governance, established under Article 40 and the 73rd Constitutional Amendment (1992). It operates at the village level within the three-tier Panchayati Raj system, comprising elected representatives led by a Sarpanch or Chairperson, chosen directly or indirectly by the village electorate. Members, called Panchs, are elected from wards, with reservations for women, Scheduled Castes, and Scheduled Tribes to ensure inclusive representation.
The Gram Panchayat’s role includes local governance and development. It prepares and implements plans for economic and social development, managing tasks like sanitation, water supply, street lighting, and rural infrastructure. It maintains records, collects taxes, and implements government schemes. The Gram Sabha, comprising all village voters, oversees its functioning, ensuring transparency and community participation. By empowering local decision-making, Gram Panchayats promote grassroots democracy, address village-specific needs, and foster sustainable rural development.
Question:-9
Describe the provisions of the Sixth Schedule.
Answer:
Provisions of the Sixth Schedule
The Sixth Schedule of the Indian Constitution provides special provisions for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram, ensuring their autonomy and cultural preservation. It establishes Autonomous District Councils (ADCs) and Regional Councils for tribal-dominated hill areas, granting them legislative, executive, and judicial powers. Each ADC, comprising up to 30 members (some nominated), can make laws on matters like land, forests, marriage, and customary laws, subject to the Governor’s approval. They manage local resources, establish village councils, and regulate markets and social customs. The Schedule empowers ADCs to collect certain taxes and royalties, promoting financial autonomy. The Governor holds supervisory powers, including dissolving councils or approving their laws. These provisions safeguard tribal identity, promote self-governance, and ensure development while integrating these regions into India’s federal framework, balancing local autonomy with national unity.
Question:-10
Compare Fundamental Rights and Directive Principles of State Policy.
Answer:
Comparison of Fundamental Rights and Directive Principles of State Policy
Fundamental Rights (FRs) and Directive Principles of State Policy (DPSPs) are two pillars of the Indian Constitution, serving distinct yet complementary roles. Fundamental Rights, enshrined in Part III (Articles 12-35), are justiciable, guaranteeing individual liberties like equality, freedom of speech, and protection against discrimination. Citizens can enforce these rights in courts, ensuring immediate protection against state overreach. They emphasize individual dignity and are legally binding.
Directive Principles of State Policy, outlined in Part IV (Articles 36-51), are non-justiciable guidelines directing the state to promote social, economic, and political justice. They include provisions for equitable wealth distribution, education, and welfare but cannot be enforced in courts. While FRs prioritize individual rights, DPSPs focus on collective welfare and socio-economic goals. Conflicts, as seen in cases like Minerva Mills (1980), are resolved by balancing both, with FRs generally taking precedence, though DPSPs guide long-term state policy.
