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SECTION-I
1. Critically examine the working of the federal system in India.
Ans. Federalism is part of the basic structure of the Indian constitution which cannot be altered or destroyed through constitutional amendments under the constituent powers of the Parliament without undergoing judicial review by the Supreme Court.
The Union and States have independent executive staffs controlled by their respective governments. In legislative and administrative matters, the union government cannot overrule the constitutional rights/powers of a state government except when presidential rule is declared in a State. The Union’s duty is to ensure that the government of every State is carried on in accordance with the provisions of the Constitution as per Article 355 and Article 256. The State governments cannot violate the Central laws in administrative matters. When a State violates the Constitution, Presidential rule can be imposed under Article 356 and the President takes over the State’s administration with ex post facto consent of the Parliament per Article 357.
Federalism in India refers to relationship between the Central Government and the State governments of India. The Constitution of India establishes the structure of the Indian government. Part XI of the Indian constitution specifies the distribution of legislative, administrative and executive powers between the union government and the States of India. The legislative powers are categorised under a Union List, a State List and a Concurrent List, representing, respectively, the powers conferred upon the Union government, those conferred upon the State governments and powers shared among them.
This federalism is symmetrical in that the devolved powers of the constituent units are envisioned to be the same. Historically, the state of Jammu and Kashmir was accorded a status different from other States owing to an explicitly temporary provision of the Indian Constitution namely Article 370 (which was revoked by the Parliament in 2019). Union territories are unitary type, directly governed by the Union government. Article 1 (1) of the constitution stipulates two tier-governance with an additional local elected government. Delhi and Puducherry were accorded legislatures under Article 239AA and 239A, respectively.
The state of Jammu and Kashmir had (until it was abolished by Union Government on 5 August 2019) a separate set of applicable laws under Article 370 a temporary article of the Constitution of India , read with Application to Jammu and Kashmir Order, 1954 (Appendix I and II). Only matters related to defense, foreign relations, and communications of Jammu and Kashmir were under the jurisdiction of Union government. Laws enacted by the Parliament of India (including amendments to the constitution) applicable to rest of India were not valid in Jammu and Kashmir unless ratified by its state assembly. The Government of India could declare a state of emergency in Jammu and Kashmir and impose Governor’s rule in certain conditions. The state had its own constitution other than applicable Indian constitution. Part XII of the Jammu and Kashmir state constitution made provision to amend its constitution with a two-thirds majority by the state assembly. Part VI (The states) and Part XIV (Services) of the Indian constitution were not applicable to Jammu and Kashmir per Article 152 and Article 308.
On 5 August 2019, the Government of India, by the powers vested in it by Constitution of India, passed a motion to dissolve Article 370 of the Constitution of India for the state of Jammu and Kashmir, and bifurcated the state into two Union Territories – Jammu and Kashmir, and Ladakh by introducing the Jammu and Kashmir Reorganization Act in the Parliament of India.
Article 1 (1) of the constitution says India shall be a union of states. The amended (in 1956) Article 3, allows the union government power with the prior consent of the President (common head of states and union governments) to (a) form a new state/UT by separating a territory of any state, or by uniting two or more states/UTs or parts of states/UTs, or by uniting any territory to a part of any state/UT; (b) the power to establish new states/UT (which were not previously under India’s territory) which were not in existence before.
Appointment and role of governors
Appointment of governors is the responsibility of the Central government through the President. Governors are generally not residents of the state.
Should the constitutional machinery in a state break down, Article 356 allows a state of emergency that dissolves the state government and establishes Presidential rule. No emergency at the centre can dissolve the Union government. Misuse of Article 356 was rampant in the decades following its adoption, during the Indira Gandhi era. In 1991 the Supreme court passed a landmark judgement acknowledging misuse of the article and establishing principles for the Union government to follow before a state emergency can be invoked.
The Lieutenant Governors of Union Territories of India are designed as administrators and are appointed by the President on the advice of the Union government. Lieutenant Governors can override local government policies only after taking parliament consent.
Economic federalism
States are at liberty to manage their finances as long as that does not lead to financial emergency as per Article 360. The Government of India is trying to impose uniform taxation throughout India and to take over states’ tax collection mechanisms without regard to the impacts on individual states. Recently the Supreme Court upheld the constitutional right of states to impose an Entry Tax which is against the principle of a general sales tax (GST). However, the coordination dilemma, which had plagued the indirect tax reform process since 1991, has been resolved by deploying a mechanism called ‘concessionary federalism’ characterized by making reciprocal concessions and compromises as midpoints of competing claims.
Control of industries, which was a subject in the concurrent list in the 1935 act, was transferred to the Union List. The Union government in 1952 introduced the freight equalization policy that damaged many Indian states, including West Bengal, Bihar (including present-day Jharkhand), Madhya Pradesh (including present-day Chhattisgarh), and Orissa. These states lost their competitive advantage of holding mineral resources, as factories could now operate anywhere in India. This was not the case in the pre-independence era when business houses such as the Tatas and the Dalmias set up industries in these states, and most of the engineering industry was located in West Bengal. Following the end of the policy in the early 1990s, these states did not catch up with more industrialized states. In 1996, the Commerce & Industry Minister of West Bengal complained that “the removal of the freight equalisation and licensing policies cannot compensate for the ill that has already been done”.
National laws permit a private/public limited company to raise loans internally and externally to its capacity. The Fiscal Responsibility and Budget Management Act, 2003 limits state borrowing even when they have not defaulted/faced a financial emergency. The employees’ salary and pension expenditure of many state governments exceed their total revenue, without the President declaring a financial emergency. Article 47 of Directive Principles of the state policy prohibits intoxicating drinks that are injurious to health but is not enforced. Instead many states promote and tax liquor sales
2. Discuss the main challenges of ethnicity for the nation-state in India.
Ans Introduction
India is characterized by using extra ethnic and non secular agencies than most other international locations of the world. Aside from the a good deal referred to 2000-bizarre castes, there are eight “primary” religions, 15-ordinary languages spoken in various dialects in 22 states and 9 union territories, and a significant wide variety of tribes and sects.
Three ethnic or spiritual conflicts have stood out of past due: came about inside the states of “Assam and Punjab; every other, the greater widely recognized Hindu-Muslim war, keeps to persist. The Assam hassle is in most cases ethnic, the Punjab trouble is based totally on each non secular and regional conflicts, while the Hindu-Muslim problem is predominantly spiritual.
Ethnic Conflict In Assam
Of the three conflicts cited, Assam has attracted the largest attention of late. Not because the 1947 partition of India have so many people been killed and uprooted as a result of ethnic or communal violence. By most to be had reviews now, mob violence has claimed four thousand lives, rendered approximately two hundred,000 homeless, and compelled a huge quantity to leave the nation for safety someplace else. The instant occasion of this bloodshed changed into the election held in February, though conflict and anxiety had been present for the remaining 3 years. In Assam, three culturally disparate corporations had been in collision: the Assamese, the Bengalis (each of that have segments of Hindus and Muslims) and the tribals, that are localized groups.
Historical Pattern of Migration
Assam has had the highest rate of populace boom in India seeing that the start of this century. Migration into the kingdom debts for a great part of this increase. Most migrants got here from Bengal, including what’s now Bangladesh (referred to as East Bengal earlier than the 1947 partition and East Pakistan from 1947-seventy one). Bengali migrants were both Hindus and Muslims. Bengali Hindus commenced arriving after the British created tea plantations inside the middle of the 19th century. Because in their academic advantage over Assamese, they had been better appropriate to man the growing administrative and professional machinery.
Bengali Muslims on the other hand, were specifically peasants. They originated predominantly in East Bengal, a fairly populated area with low agricultural productivity and a fragmented landholding pattern incapable of helping large households. In assessment, Assam become less populated, many areas were unsettled, and there has been much less strain on the land. Bengali peasants made big tracts of waste, flooded and forested land habitable and effective along the southern financial institution of the Brahmaputra River, a place that is additionally populated via indigenous tribal agencies, in particular the Lalung.
Overall Bengali dominance began to manifested itself in numerous approaches. They held city professions, their language changed into more evolved and widely used in Assam, and their academic or even numerical superiority became more than glaring. With the halting unfold of schooling in the 20th century, the Assamese middle magnificence slowly emerged, and with the increase of the Assamese center class, the seeds of what has been referred to as “little nationalism” have been sown in Assam.
Post-Independence Developments
After the partition of 1947 and the transfer of a very large Bengali Muslim district of Sylhet to East Pakistan, the Assamese center magnificence came to energy for the first time in approximately a century. Through improved instructional applications and the use of Assamese as a language within the university, this newly obtained strength, electorally buttressed, was used to consolidate the placement of the Assamese center elegance in opposition to Bengali dominance in administrative services and professions.
3. Discuss the importance of the 73rd and 74th Constitutional Amendments in Indian democracy.
Ans. The constitution of India, like any other civil constitution, originally handed for a binary form of Government, where one was The Centre and other The States. It contained vittles regarding organisation of powers of the Centre and the countries. But by the 73rd and 74th constitution correction Acts (1992), a third league government (Original government) was added to Constitution of India which is one of its only kind.
The 73rd and 74th Indigenous Emendations were passed by the Parliament in December, 1992. Discuss the significance of the 73rd and 74th Constitutional Amendments in Indian democracy. Through these emendations, original tone- governance was introduced in both pastoral and civic India. The Acts came into force as the Constitution (73rd Correction) Act, 1992 on April 24, 1993 and the Constitution (74th Correction) Act, 1992 on June 1, 1993.
The 73rd Amendment Act of 1992 gave indigenous recognition to the Panchayats ( Pastoral original Government) by the addition of a new Part IX and a new Schedule 11 in our constitution. The 73rd Correction was for The Gram Panchayats or the original Government of the Pastoral areas. Discuss the significance of the 73rd and 74th Constitutional Amendments in Indian democracy. The 74th Constitution Amendment Act of 1992 gave indigenous recognition to the Cosmopolises (The Urban Original Governments) by the addition of a New Part IX-A and a New Schedule 12 to the Constitution of India. The 74th Constitution Amendment Act was for The External pots or the original Government of the Civic areas.
The revivification of this system can be owed to the dynamic leadership of Rajiv Gandhi. In his address to the 5th Factory on‘Responsive Administration’ held at Coimbatore in June, 1988, he said that “ If our quarter administration isn’t sufficiently responsive, the introductory reason is that it isn’t only sufficiently representative. Discuss the significance of the 73rd and 74th Constitutional Amendments in Indian democracy. With the decay of Panchayat Raj Institutions, the administration has got insulated from the people therefore dulling its perceptivity to the requirements of the people”.
With events moving at a faster pace, Panchayat Raj surfaced as a major institutional channel of similar administration. The Constitution 73rd Amendment Act, 1992 came into effect from 24th April 1993. It’s a major legislation. Discuss the significance of the 73rd and 74th Constitutional Amendments in Indian democracy. The introductory sprit behind this legislation was that it didn’t seek to limit to the end of conformity acts and endowing the original governing bodies with some executive and fiscal powers but also to make them genuine institutions for participatory tone- government. The emphasis has been so far on the former, which has made them bare enforcing agencies of central and state schemes, passed on to them, with finances.
The introductory ideal of the popular decentralization through reactivation of the Panchayat Raj system was to realize Gandhi’s conception of “ Swarajya”.
Features of 73rd Indigenous Correction
- Part IX has been fitted incontinently after‘Part VIII’of the Constitution and after the‘Tenth Schedule’of the Constitution,‘Eleventh Schedule‘has been added ( Composition 243G) which gives the detail list of functions to be performed by Panchayat Raj Institutions (PRIs). Panchayats shall be constituted in every state at the vill, intermediate and quarter situations, therefore bringing about uniformity in the Panchayat Raj structure. Still, the countries having a population not exceeding 20 lakhs have been given the option of not having any Panchayat at the intermediate position. Discuss the significance of the 73rd and 74th Constitutional Amendments in Indian democracy.
- While the choices in respect of all the members to Panchayats at the position will be direct, the election in respect of the post of the Chairman at the intermediate and quarter position will be circular. The mode of election of Chairman to the vill position has been left to the State Government to decide. All members including the speaker shall have the right to bounce. Discuss the significance of the 73rd and 74th Constitutional Amendments in Indian democracy.
- Reservation of seats for SC/ STs has been handed in proportion to their population at each position. Not lower than one-third of the total class has been reserved for women (in both reserved and general order) and these seats may be distributed by gyration to different constituencies in a Panchayat. Analogous reservations have been made in respect of the office of the speaker also. Discuss the significance of the 73rd and 74th Constitutional Amendments in Indian democracy.
- A invariant term of five times has been handed for the PRIs and in the event of dissolution or super session, election to constitute the body should be completed before the expiry of six months from the date of dissolution. Discuss the significance of the 73rd and 74th Constitutional Amendments in Indian democracy. However, fresh choices may not be necessary, If the remainder period is lower than six months. Panchayat constituted upon dissolution may continue for the remainder of the period. Discuss the significance of the 73rd and 74th Constitutional Amendments in Indian democracy.
- With a view to icing durability, it has been handed in the Act that all the Panchayats being incontinently before the inception of this Amendment Act will continue till the expiry of their duration unless dissolved by a resolution to that effect passed by the State Houses concerned or any law relating to the panchayats which before the correction came into force, not inconsistent with its vittles shall continue, unless amended or repealed. Discuss the significance of the 73rd and 74th Constitutional Amendments in Indian democracy.
- There shall be an Election Commission for the conduct of all choices to the panchayats conforming of a State Election Commissioner to be appointed by the State Government. It shall also be in charge of superintendence, direction and control of the medication of electoral rolls. Discuss the significance of the 73rd and 74th Constitutional Amendments in Indian democracy.
- The State Legislature have been given the power to authorise the Panchayats to levy, collect and applicable suitable original levies and also give for making subventions-in- aid to the Panchayats from the consolidated fund of the concerned state.
- A State Finance Commission has to be constituted formerly in every five times to review the fiscal position of the Panchayat and to make suitable recommendations to the Governor as to the principles which should govern the distribution between the state and the panchayats of profit, whether net proceeds of the levies, duties, sacrifices, and freights leviable by the state or subventions in aid and recommend measures to strengthen the fiscal position of the panchayat bodies and deliberate on any other matter appertained to it by the Governor.
Features of 74th Indigenous Correction
Like the 73rd correction, the 74th correction lays down the structure of Urban Local bodies; It provides for their regular, free and fair choices, makes vittles for reservation of seats for SC, ST and OBCs, fixes their term to five times, protects them against arbitrary dissolution, specifies their powers and liabilities, and attempts to strengthen the financial base of the civic original bodies. It does two further effects, which aren’t to be plant in the 73rd correction; that’s that, besides tagged, it also provides for nominated members for decentralised planning. In the 43rd time of the Republic of India, 1992 the Constitution (74th Correction) was passed which came into force on 1st June 1993. Two important Panels, videlicet Committee for District Planning (Article 243ZD, (DPC) and Committee for Metropolitan Planning (Articla243 ZE, (MPC) have been constituted. The features of 74th Indigenous Correction are bandied below: Discuss the significance of the 73rd and 74th Constitutional Amendments in Indian democracy.
- Indigenous status has been accorded to Urban Local Government bodies. Three league structure has been imaged, whereby there would be External Pots, for larger areas, External Councils for lower areas, and Nagar panchayats for townlets in transition to getting municipalities. Since, “ Original Government” is a state subject, the state houses have been left within their powers to define the details of the powers and functions of different units of civic government institutions whose broad figure only has been drawn by the Parliament.
- Direct election to these External bodies by the people in the manner as the choices are held for the Lok Sabha and State Assemblies has been handed. For the purpose of choices, the External choices are to be conducted by the State Election Commission.
- Reservation of one-third of seats for women including women belonging to Slated Gentries and Slated Lines is assured.
- The State Finance Commission would insure fiscal viability of the Cosmopolises. External finances have been stoked through levies, sacrifices, duties and freights, subventions-in aid.
- Urban external institutions of tone- government have been endowed with power and authority to formulate and apply schemes for profitable development and social justice on 18 subjects. Discuss the significance of the 73rd and 74th Constitutional Amendments in Indian democracy.
SECTION-II
4. Critically analyse the role of media in shaping public policies and public opinion.
Ans. The 74th CAA and also the 73rd CAA (on Panchayats) have created original tone- government institutions throughout pastoral and civic India with powers (29 for pastoral and 18 for civic) delineated, degeneration, deliberative and administrative bodies of government created, authority and liabilities defined, experimental panels (DPC, MPC) and Finance Commission constituted; and within each Megacity, Wards Panels and Zonal Panels have been constituted.
The role of media is bigger than it has ever been. The best part is that media is still growing and influencing our lives as the days go by. The media plays a central role in informing the public about what happens in the world. People rely on media such as television, the press and online to get news and updates. Anyone can now find out almost anything they want to know by the click of a button on their smartphone or tablet. However, with how intoxicating the media is today, it does tend to have the power to shape public opinion, especially over major topics such as education and religion.
The role of the media is to transmit the reality and uncover the underlying facts of things. Changing the mentality of the people through media to be more permissive, understanding and educative is a very difficult task. Audiences form their beliefs and attitudes, either by themselves or with others, in response to media messages. The level of influence of media varies, however, and messages from the media are not received uniformly by all audiences.
Direct experience, knowledge from other sources and logic are a few factors that contribute to the degree to which audiences accept or reject messages from the media. The media has a massive responsibility in providing factual coverage that does not perpetuate myths or stereotypes, encourage generalizations or spread misinformation.
The agenda-setting theory is the primary emphasis on shaping public opinion. Pertaining to the news, there has been a phenomenal nationwide decrease in local news networks and papers and an increase in national news networks and papers. If a news item is covered more frequently, especially on national news, the audience will regard the issue as more important.
According to Lumen Learning, “Two basic assumptions underlie most research on agenda-setting: One, that the press and the media do not reflect reality, they filter and shape it; and two, that media concentration on a few issues and subjects leads the public to perceive those issues as more important than other issues.” Agenda-setting occurs through a cognitive process known as “accessibility.”
Accessibility implies that the more frequently and prominently the news media cover an issue, the more instances that issue becomes accessible in the audience’s memories. Mass media coverage in general and agenda-setting in particular have a powerful impact on what individuals think other people are thinking as well.
The agenda-setting theory has a huge effect on shaping public education because a majority of parents have very strong opinions about where their child gets their education. Parents will pick schools for their children based on a number of factors: sports, religion, theater, teachers, reputation, etc.
Pertaining to public versus private school, parents also tend to favor one over the other depending on where they themselves went to school. If they hear bad news about one school or about an outbreak of sickness on some national news media, parents will be quick to form their opinions about certain schools. Especially since everything is online now, parents can see anything positive or negative about a school.
For example, with this flu outbreak I spoke to a number of parents about what they think of it, and a lot of parents were very mad and concerned. They started calling public schools unclean and dirty, even though the outbreak is all over, not just in schools.
Some parents only send their kids to public schools if they cannot afford a private education or do not have any religious beliefs. Public school generally has a reputation for not being as good as private schools; however, private and public schools are in fact very similar. Public school parents tend to believe they are judged for sending their child to a public school, like they are somehow doing less for their child. Private schools have the reputation of being academically superior and increasing the child’s chances of getting into a great college.
However, these are reputations and stereotypes that parents are feeding into. Both types of education have their ups and downs; therefore, parents should do their research on schools instead of automatically assuming a school is terrible or amazing. It could actually be the complete opposite of what they thought.
Religion is still a very controversial topic. In 1925, the Tennessee legislature passed the Butler Act, which made it a misdemeanor to teach the evolution of only one species—mankind—in the public schools. John Scopes was caught teaching the evolution of mankind, which is how “The Monkey Trial,” also known as the State of Tennessee vs. John Scopes, came about. This was extremely controversial because religion and science collided.
In current time, private schools will teach evolution because of Epperson vs. Arkansas, where Arkansas’ law prohibiting the teaching of evolution was in violation of the first amendment. In reaction to the Epperson case, creationists in Louisiana passed a law requiring that public schools should give equal time to alternative theories of origin.
5. Comment on the following in about 250 words each:
a) Sustainable Development
Ans. Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs”. This is a definition offered by the famous World Commission on Environment and Development in its report Our Common Future. Economists have also provided a definition of sustainable development as being an economic process in which the quantity and quality of our stocks of natural resources (like forests) and the integrity of biogeochemical cycles (like climate) are sustained and passed on to the future generations unimpaired. In other words, there is no depreciation in the world’s “natural capital”, to borrow a concept from financial accounting.
But what is the operational substance behind such definitions. Who is going to ensure the rights of future generations when, given the highly divided world we live in, a large proportion of even the present generation cannot meet all its needs. Given such a social and political context, the above definitions also fail to say whose future generations’ needs are being sought to be protected and preserved. Are we talking only of the future generations of the rich or also of the poor. These definitions are all, at best, rhetorical and woolly.
Eminent Indian economist, Sukhamoy Chakravorty, in a lecture that he delivered to the Centre for Science and Environment a few weeks before his demise, had pointed out that the success of the phrase “sustainable development” lies in the fact that it says nothing precise and, therefore, means anything to anybody. For a logging company it can mean sustained projects; for an environmental economist it can mean sustained stocks of natural forests; for a social ecologist it can mean sustained use of the forest; and, for an environmentalist it can mean a clean heritage for our children. But surely confusion cannot be more productive than clarity.
More than these pious definitions, it is important to understand the political content of sustainable development. Sustainability can never be absolute. A society which learns faster from its mistakes and rectifies its behaviour will invariably be more sustainable than another society which takes a longer time. And a society which fails to incorporate the lessons of its mistakes into its behaviour patterns even after the point of irreversibility has been reached, is obviously a society which is pursuing a totally unsustainable process of development. Learning from one’s mistakes is crucial to the process of sustainable development because no society — today, tomorrow or ever in the future — can claim to be so knowledgeable that it will always manage and use its natural resources in a perfectly ecologically sound manner. That will always be a near impossibility. Changing social, political, cultural, technological and ecological conditions will exert new pressures on the natural resource base and the possibility of its misuse or overuse will always remain. It can, therefore, be argued that sustainable development will be the outcome of a political order in which a society is so structured that it will learn fast from its mistakes in the use of its natural resources and rapidly rectify its human-nature relationships in accordance with the knowledge it has gained.
b) Gender and Development
Ans. Gender equality is considered a critical element in achieving Decent Work for All Women and Men, in order to effect social and institutional change that leads to sustainable development with equity and growth. Gender equality refers to equal rights, responsibilities and opportunities that all persons should enjoy, regardless of whether one is born male or female.
In the context of the world of work, equality between women and men includes the following elements:
- Equality of opportunity and treatment in employment
- Equal remuneration for work of equal value
- Equal access to safe and healthy working environments and to social security
- Equality in association and collective bargaining
- Equality in obtaining meaningful career development
A balance between work and home life that is fair to both women and men
Equal participation in decision-making at all levels
Given that women are usually in a disadvantaged position in the workplace compared to men, promotion of gender equality implies explicit attention to women’s needs and perspectives. At the same time, there are also significant negative effects of unequal power relations and expectations on men and boys due to stereotyping about what it means to be a male. Instead, both women and men, and boys and girls, should be free to develop their abilities and make choices – without limitations set by rigid gender roles and prejudices – based on personal interests and capacities.
The ILO has adopted an integrated approach to gender equality and decent work. This means working to enhance equal employment opportunities through measures that also aim to improve women’s access to education, skills training and healthcare – while taking women’s role in the care economy adequately into account. Examples of these include implementing measures to help workers balance work and family responsibilities, and providing workplace incentives for the provision of childcare and parental leave.
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