Class 11 political science chapter 8 local government notes

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 Local Self-Government

Introduction to Local Government

Local government refers to governance at the village and district levels, functioning as the closest form of government to the people. 

It plays a crucial role in handling the day-to-day issues of citizens by ensuring participatory and accountable democracy. The main advantages of local government include:

• Proximity to the people, allowing quick resolution of local problems.
• Democratic participation, enabling people to take part in decision-making.
• Efficient administration, as it is managed by those who understand local needs.

Examples of Effective Local Governance

• Geeta Rathore’s role as Sarpanch in Jamonia Talab brought significant change to her village.
• Vengaivasal village Gram Panchayat successfully retained its land rights due to the determined efforts of its leaders.

Significance of Local Government in Democracy

• Enhances participation: Common citizens can engage in decision-making related to their development.
• Ensures accountability: Local representatives are directly responsible to the people.
• Decentralization of power: Tasks that can be handled locally are delegated to local bodies, making governance more effective.
• Strengthens democracy: A well-functioning local government empowers people and builds grassroots democracy.

Growth of Local Government in India

Ancient Local Governance

• India has had self-governing village communities since ancient times, known as ‘sabhas’ (village assemblies).
• Over time, these developed into Panchayats (assemblies of five persons), which resolved local disputes and managed village affairs.

Colonial Period

• Lord Ripon (1882) introduced local boards, marking the beginning of modern local self-government in India.
• The Government of India Act, 1919 led to the establishment of village Panchayats in several provinces.
• The Government of India Act, 1935 further strengthened these local bodies.

Role of Mahatma Gandhi

• Mahatma Gandhi advocated decentralization of power, emphasizing strong village Panchayats as a foundation for self-governance.
• He believed that development initiatives should involve local communities to be successful.
• Panchayats were seen as instruments of participatory democracy and effective governance.

Local Government in Independent India

• The Constitution assigned local government to the States.
• It was included in the Directive Principles of State Policy (DPSP) but was not legally enforceable.

Challenges in Constitutional Recognition

• The Partition of India created a strong unitary inclination, shifting focus away from local self-governance.
• Jawaharlal Nehru feared excessive localism might threaten national unity.
• Dr. B.R. Ambedkar and others worried that caste and factionalism in rural areas could undermine democratic principles at the local level.
• Despite this, leaders recognized the importance of local participation in governance and development planning.

Local Governments in Independent India

The concept of local government in India was significantly strengthened by the 73rd and 74th Constitutional Amendment Acts. However, efforts to develop local government structures existed even before these amendments.

Early Efforts in Local Governance

1. Community Development Programme (1952):

• Launched to encourage people's participation in local development activities.
• Led to the idea of a three-tier Panchayati Raj system for rural governance.

2. State-Level Initiatives (1960s):

• Some states like Gujarat and Maharashtra established elected local bodies.
• However, many states did not provide them with enough power, making them financially dependent on state and central governments.
• In some cases, elected local bodies were dissolved and governance was handed over to government officers.

3. P.K. Thungon Committee (1989):

• Recommended constitutional recognition for local government bodies.
• Suggested periodic elections and a defined list of functions and funds for local governments.

73rd and 74th Amendments

In 1989, the central government proposed two constitutional amendments to strengthen local governments and establish uniformity in their structure and functioning.

73rd Amendment (1992) – Panchayati Raj System

The 73rd Constitutional Amendment introduced a structured framework for rural local governments (Panchayati Raj Institutions or PRIs), which came into force in 1993.

Key Features of the 73rd Amendment

1. Three-Tier Structure
Gram Panchayat: Covers a single village or a group of villages.
Mandal/Taluka Panchayat: Intermediary level (not required in smaller states).
Zilla Panchayat: Governs the entire rural area of a district.
Gram Sabha: A body comprising all adult voters of a Panchayat area, responsible for community-level decision-making.

2. Elections

• All three levels are elected directly by the people.
• Panchayat term: Five years.
• If dissolved before term completion, fresh elections must be held within six months.

3. Reservation System

• One-third of seats in all Panchayati Raj institutions reserved for women.
• Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their population.
• States may also reserve seats for Other Backward Classes (OBCs).
• Chairpersons (Sarpanch, Adhyaksha) positions are also reserved.

4. Transfer of Subjects

• Eleventh Schedule of the Constitution lists 29 subjects to be transferred to Panchayati Raj institutions (e.g., health, education, agriculture, rural development).
• Actual transfer of powers depends on State legislation.

5. Panchayati Raj in Adivasi Areas

• 1996 Act extended Panchayat system to Adivasi-inhabited areas.
• Special provisions ensure traditional self-governance systems remain protected.
• Gram Sabhas in Adivasi areas have greater powers.

6. State Election Commission

• Each state must establish a State Election Commission to oversee local government elections.
• The State Election Commissioner functions autonomously, similar to the Election Commission of India.

7. State Finance Commission

• To be set up every five years to assess the financial needs of local governments.
• Reviews revenue distribution between the state and local bodies.
• Ensures political neutrality in fund allocation.

74th Amendment (1992) – Urban Local Governance

The 74th Constitutional Amendment established a framework for urban local bodies (Nagarpalika) and came into force in 1993.

Definition of Urban Areas

As per the Census of India, an urban area must meet the following criteria:

1. Minimum population of 5,000.
2. At least 75% of male workforce engaged in non-agricultural activities.
3. Population density of at least 400 persons per sq. km.

• As per the 2011 Census, 31% of India's population lived in urban areas.

Key Features of the 74th Amendment

Similar to the 73rd Amendment, but for urban local governance.
Urban local bodies include:

• Nagar Panchayat (for transitional areas between rural and urban).
• Municipal Council (for smaller towns).
• Municipal Corporation (for larger cities).

Direct Elections: Like Panchayati Raj institutions, urban local bodies also have direct elections.
Reservations:

• One-third of seats reserved for women.
• Reservations for SCs, STs, and OBCs in proportion to their population.

State Election Commission & Finance Commission:

Same provisions as the 73rd amendment.

Transfer of Functions:

• Twelfth Schedule of the Constitution lists 18 subjects to be transferred to urban local bodies (e.g., urban planning, slum development, water supply, sanitation).

The 73rd and 74th Constitutional Amendments, enacted in 1992, were landmark reforms in India's governance system, aimed at decentralizing power by strengthening local self-government in rural and urban areas, respectively. Their implementation over the decade (1994-2004) has brought significant changes, yet challenges remain.

Key Achievements of the 73rd and 74th Amendments

1. Expansion of Local Bodies

• Over 600 Zilla Panchayats, 6,000 Block Panchayats, and 2,40,000 Gram Panchayats in rural India.
• Over 100 City Corporations, 1,400 Town Municipalities, and 2,000 Nagar Panchayats in urban India.
• More than 32 lakh representatives elected every five years, including 13 lakh women.
• The presence of local bodies has made governance more representative and participatory.

2. Uniformity in Panchayati Raj and Urban Governance

• The amendments have standardized the structure and functioning of Panchayati Raj Institutions (PRIs) and urban local bodies across all states.
• Regular elections have been held in most states, ensuring democratic participation.

3. Empowerment of Women and Marginalized Groups

• Reservation of seats for women (33%) has led to 80,000 women Sarpanchas, 200 women Adhyakshas of Zilla Panchayats, 2,000 women Block Panchayat Presidents, and over 30 women Mayors.
• Women representatives have gained confidence, influenced governance, and introduced sensitivity in decision-making.
• Reservation for Scheduled Castes (SCs), Scheduled Tribes (STs), and Backward Castes (OBCs) has changed the social profile of local bodies.
• Around 6.6 lakh elected members belong to SCs and STs, promoting social justice and inclusion.

Challenges in Implementation

1. Limited Autonomy and Power

• Though 29 subjects have been assigned to local governments, many states have not transferred powers effectively.
• Decision-making remains centralized, reducing local governance to a symbolic exercise.

2. Financial Dependence on State and Central Governments

• Local bodies raise only 0.24% of total government revenues, but their expenditure is 4% of the total government spending.
• Due to limited financial resources, local bodies rely heavily on state and central grants, which restricts their operational independence.

3. Social and Political Tensions

• The entry of marginalized communities into local governance has led to resistance from dominant groups, creating power struggles.
• However, such tensions indicate the growing democratization of power.

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Class 11 political science chapter 7 Federalism notes

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Federalism

Introduction to Federalism

Federalism is an institutional mechanism that accommodates two levels of government—regional and national—where each is autonomous in its own sphere. It ensures a division of powers and responsibilities between different levels of governance, maintaining a balance to prevent conflicts and ensure cooperation.

Lessons from History: The Fall of Federations

Several federations in history have failed due to excessive centralization, lack of cultural accommodation, or political conflicts.

• USSR: One of the world's superpowers, the USSR disintegrated in 1989 due to excessive centralization, Russian dominance, and disregard for linguistic and cultural diversities, as seen in Uzbekistan.
• Czechoslovakia & Yugoslavia: These federations broke up due to ethnic tensions and political divisions.
• Pakistan: The separation of East Pakistan (now Bangladesh) in 1971 was due to cultural and political marginalization by West Pakistan.
• Canada: Almost faced a breakup between its English-speaking and French-speaking regions, highlighting the importance of linguistic and cultural autonomy.

India’s Federal Success

India, despite its immense diversity and challenges, has remained a united federation for over seven decades since independence. Factors contributing to this success include:

• A well-structured federal constitution, ensuring a balanced power-sharing system.
• A strong democratic tradition, fostering unity despite differences.
• Unity in diversity, acknowledging the cultural, linguistic, and religious multiplicity of India.

The Case of the West Indies Federation

The West Indies, colonized by the British like India, formed a federation in 1958. However, due to:

1. A weak central government,
2. Independent economies of the units, and
3. Political competition among regions,

The federation dissolved in 1962. Later, in 1973, the Caribbean Community (CARICOM) was formed, establishing joint authorities, a common legislature, a supreme court, a common currency, and a degree of a common market. Despite these efforts, the member nations function independently.

Key Features of Federalism

Federalism differs across nations like the USA, Germany, and India, but shares some common principles:

1. Dual Government System

• Two levels of governance: National (Central) and Regional (State)
• Both levels have distinct powers and responsibilities.

2. Division of Powers

• The central government handles national matters like defense and currency.
• The state governments manage local and regional affairs.

3. Written Constitution

• A supreme constitution that outlines power distribution and governance principles.
• The source of power for both the central and state governments.

4. Independent Judiciary

• Prevents conflicts between the center and states.
• Resolves disputes over power-sharing and legal matters.

5. Single Citizenship (India)

Unlike some federations with dual citizenship, India provides single citizenship, ensuring unity.

6. Dual Identity of Citizens

Citizens identify with both their state and nation (e.g., Gujaratis, Jharkhandis, and Indians).

Challenges in Federalism

Despite its structured system, the success of federalism depends on:

• Political culture, trust, and cooperation between the central and state governments.
• Avoiding dominance by any single region, language, or ideology, as this could lead to resentment and demands for separation.
• Role of political parties, influencing how federalism functions in practice.

Federalism in Nigeria

Nigeria’s experience with federalism highlights how ethnic, religious, and economic conflicts can hinder national unity, despite having a federal structure.

Historical Background

• Before 1914, Northern and Southern Nigeria were separate British colonies.
• At the Ibadan Constitutional Conference (1950), Nigerian leaders decided to adopt a federal system.

Ethnic & Political Conflicts

• The three major ethnic groups—Yoruba (West), Ibo (East), and Hausa-Fulani (North)—dominated their respective regions.
• Their attempts to expand influence led to regional fears and conflicts, resulting in military rule.

Federal & Regional Powers

• 1960 Constitution: Nigerian police were under joint control of the federal and regional governments.
• 1979 Constitution: Military rule led to the abolition of state-controlled civil police.

Challenges in Nigerian Federalism

• Religious tensions persist despite the restoration of democracy in 1999.
• Economic disputes over oil revenues create conflicts between local ethnic communities and the central government.
• Overlapping ethnic, religious, and economic issues weaken the federal structure.

Nigeria’s federalism showcases the importance of trust, cooperation, and fair resource distribution to maintain national unity.

Federalism in the Indian Constitution

Pre-Independence Vision for Federalism

• Indian national leaders recognized the need for power-sharing between the center and provinces.
• India’s regional and linguistic diversity required recognition to ensure a democratic government.
• Before Partition, a compromise was considered to grant greater autonomy to regions, influenced by the Muslim League’s demands.
• After Partition, the Constituent Assembly decided to establish a system based on unity, cooperation, and separate powers for the states.

Key Feature: Cooperation Between Centre & States

While recognizing diversity, the Indian Constitution emphasizes national unity.
Interestingly, the word "federation" is not explicitly mentioned in the Constitution. Instead, Article 1 states:
> "India, that is Bharat, shall be a Union of States."


This wording signifies that India's federalism is not based on an agreement among states but on unity within diversity.

Division of Powers in India

Dual Government Structure

• Union Government (Central Government): Governs the entire nation.
• State Government: Administers individual states.

Both levels have constitutional status and clearly defined areas of activity.

Resolution of Disputes

• If conflicts arise over jurisdiction, the Judiciary interprets the Constitution to resolve disputes.

Three Lists of Power Distribution

The Indian Constitution divides powers between the Centre and States through three lists:

In case of conflicts on Concurrent List subjects, the Union law prevails over State law.

Financial and Economic Power Centralization

• Centre controls major economic and financial powers, ensuring a strong national economy.
• States have major administrative responsibilities but limited revenue sources, making them financially dependent on the Centre.

Federalism with a Strong Central Government in India

The Indian Constitution establishes a federal system, but it also creates a strong central government to ensure national unity, economic development, and social stability. This was necessary due to India's continental size, diversity, and socio-economic challenges at the time of independence.

Why a Strong Central Government?

1. Need for National Unity and Integration

At independence, India was divided into British provinces and over 500 princely states.
A strong central government was essential to integrate these territories and prevent disintegration.
The Parliament has the power to:

• Form new states by altering territorial boundaries.
• Rename states after consulting the state legislature.

2. Addressing Socio-Economic Challenges

• Problems like poverty, illiteracy, and economic inequalities required centralized planning and coordination.
• A strong Centre was needed to implement economic policies and social reforms effectively.

Key Provisions That Strengthen the Central Government

1. Power to Alter State Boundaries

Parliament can:

• Create new states.
• Alter boundaries of existing states.
• Change the names of states.

• Although the state legislature is consulted, the final decision rests with the Central Government.

2. Emergency Provisions

The Constitution allows for emergency provisions that can temporarily convert the federal structure into a highly centralized system.
During an emergency, the Centre can:

• Make laws on subjects in the State List.
• Assume control over state governance.

Types of Emergencies:

• National Emergency (Article 352) – Declared in case of war or external aggression.
• State Emergency (President’s Rule) (Article 356) – Declared if a state fails to function according to the Constitution.
• Financial Emergency (Article 360) – Declared in case of a financial crisis.

3. Financial Centralization

• The Centre has control over major revenue sources like income tax, excise duties, and customs duties.
• States depend on grants and financial assistance from the Centre.
• Planning Commission (now NITI Aayog) plays a key role in coordinating economic planning and resource distribution.
• States ruled by opposition parties often accuse the Centre of discriminatory fund allocation.

4. Role of the Governor

• The Governor, appointed by the President, acts as a link between the Centre and the State.
• The Governor has the power to:
• Recommend dismissal of the State Government and dissolution of the State Assembly (Article 356).
• Reserve bills passed by the State Legislature for the President’s assent, allowing the Centre to delay or veto state laws.

5. Central Legislation on State Matters

• The Central Government can legislate on State List subjects if:
• Rajya Sabha approves the move by a two-thirds majority.
• During a national emergency.

• The executive power of the Centre is superior to the States, meaning:
• The Centre can issue directives to State governments under Article 257(1).

> Article 257 (1): "The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose."

6. Integrated Administrative System

• All-India Services (IAS, IPS, IFS, etc.) operate under central control, even though officers serve in state administrations.
• State governments cannot dismiss or discipline these officers without central approval.

7. Special Laws Strengthening Central Authority

• Articles 33 & 34 empower Parliament to protect officers performing duties under martial law.
• The Armed Forces (Special Powers) Act (AFSPA), based on these provisions, grants special powers to armed forces in certain regions, leading to tensions between the people and security forces.

Conflicts in India’s Federal System

India’s federal system is characterized by a strong central government while recognizing the separate identity of states. This structure often leads to tensions, as states demand greater autonomy and power. These conflicts manifest in various ways, including demands for autonomy, disputes over governance, and inter-state conflicts.

1. Centre-State Relations

The Indian Constitution provides a framework for federalism, but actual governance is influenced by political processes. The evolution of centre-state relations can be divided into three phases:

a) 1950s to Early 1960s: Congress Dominance

• The Congress party was dominant at both central and state levels.
• States relied on financial aid from the centre for development.
• Relations remained largely smooth, except for disputes over state formation.

b) Mid-1960s to 1980s: Rise of Opposition Parties

• Opposition parties gained power in many states, leading to conflicts with the Congress-led central government.
• States began demanding greater autonomy, fearing interference from the centre.
• The concept of autonomy became a significant political issue.

c) 1990s Onwards: Era of Coalition Politics

• Coalition governments at the centre reduced central dominance over states.
• States gained more influence in governance, leading to a more balanced federal structure.
• Increased political maturity led to greater respect for diversity and regional aspirations.

2. Demands for Autonomy

States and political parties have periodically demanded greater autonomy. These demands can be categorized as follows:

a) Political Autonomy

• States demand more legislative and executive powers.
• Tamil Nadu, Punjab, and West Bengal have been vocal about this issue.
• Regional parties like DMK, Akali Dal, and CPI-M have supported these demands.

b) Financial Autonomy

• States seek independent revenue sources and greater control over financial resources.
• West Bengal’s Left Front government (1977) demanded a restructuring of centre-state financial relations.
• Tamil Nadu and Punjab have also emphasized financial autonomy.

c) Administrative Autonomy

• States oppose central control over their administrative machinery.
• The issue arises when the centre interferes in state governance through officials and bureaucratic decisions.

d) Cultural and Linguistic Autonomy

• States have protested against the dominance of Hindi.
• Tamil Nadu opposed the imposition of Hindi in the 1960s.
• Punjab has demanded greater recognition of Punjabi language and culture.

3. Role of Governors and President’s Rule

The Governor’s role has been a point of contention in centre-state relations due to the following reasons:

a) Governor’s Appointment and Actions

• The Governor is appointed by the centre, leading to allegations of bias.
• Many Governors are retired civil servants, military officers, or politicians.
• Their actions are often perceived as central government interference in state affairs.

b) President’s Rule (Article 356)

• Article 356 allows the President to impose central rule in a state if governance is deemed unconstitutional.
• The Sarkaria Commission (1983) recommended making Governor appointments non-partisan.

Cases of misuse:

• Kerala (1959) – Dismissal of a government with a majority.
• 1967 Onwards – Increased use of President’s Rule against opposition-led states.
• 1980s – Andhra Pradesh and Jammu & Kashmir faced central intervention.

4. Demands for New States

The demand for new states has been driven by linguistic, cultural, and administrative factors.

a) Creation of States

The States Reorganisation Commission (1953) recommended linguistic states.
Major state formations:

• 1960: Gujarat and Maharashtra.
• 1966: Punjab and Haryana.
• 1970s-1980s: Creation of North-Eastern states (Manipur, Tripura, Meghalaya, Mizoram, Arunachal Pradesh).
• 2000: Chhattisgarh, Uttarakhand, Jharkhand.
• 2014: Telangana, carved out from Andhra Pradesh.

b) Ongoing Demands

Vidarbha (Maharashtra), Bundelkhand (UP-MP), Gorkhaland (West Bengal) are regions demanding separate statehood.

5. Interstate Conflicts

Interstate disputes arise due to political, economic, and territorial issues.

a) Border Disputes

• Maharashtra-Karnataka (Belgaum dispute).
• Punjab-Haryana (Chandigarh issue).
• Manipur-Nagaland border tensions.

b) River Water Disputes

• Cauvery Water Dispute (Tamil Nadu-Karnataka): Disagreement over water sharing for agriculture.
• Narmada Water Dispute (Gujarat, Madhya Pradesh, Maharashtra): Conflict over water distribution.

c) Resolution Mechanisms

• Judiciary (Supreme Court & Tribunals): Legal resolution of disputes.
• Negotiations & Political Agreements: Essential for long-term solutions.

Special Provisions in the Indian Constitution

The federal arrangement in India is unique as it provides differential treatment to certain states based on their social, historical, and geographical circumstances. This asymmetry is reflected in aspects such as representation in the Rajya Sabha and special provisions for some states.

Asymmetrical Representation in the Rajya Sabha

• States in India vary in size and population.
• The Rajya Sabha provides minimum representation to smaller states while ensuring larger states get more seats.

Special Provisions for Certain States

• The Constitution of India provides a uniform division of powers between the Centre and the states.
• However, special provisions exist for some states due to their distinct history, tribal population, or geographical conditions.
• Most of these provisions apply to North-Eastern States (Assam, Nagaland, Arunachal Pradesh, Mizoram, etc.), which have a significant indigenous tribal population with unique cultures.
• Other states with special provisions include Himachal Pradesh, Andhra Pradesh, Goa, Gujarat, Maharashtra, Sikkim, and Telangana.

Despite these provisions, insurgency and alienation continue in certain regions.

Special Status of Jammu and Kashmir (Article 370)

Historical Background

• Before independence, Jammu and Kashmir (J&K) was a princely state with the choice to join India, Pakistan, or remain independent.
• In October 1947, Pakistan sent tribal infiltrators to capture Kashmir.
• Maharaja Hari Singh sought Indian assistance and acceded to India.
• Unlike other princely states, J&K was given special autonomy under Article 370.

Provisions Under Article 370

• Unlike other states, laws from the Union List and Concurrent List applied to J&K only with the concurrence of the state government.
• The Centre had limited powers in the state compared to other Indian states.
• J&K had its own constitution and flag.
• Emergency due to internal disturbances could not be declared in J&K without the state government’s consent.
• Financial Emergency could not be imposed in J&K.
• The Directive Principles of State Policy (DPSP) did not apply to J&K.
• Constitutional amendments under Article 368 required the concurrence of the J&K government to be applicable.

Gradual Integration into the Indian Union

• Over time, Presidential Orders (with the concurrence of J&K's government) extended large parts of the Indian Constitution to J&K.
• The Parliament’s power over subjects in the Union List was progressively accepted.

Revocation of Article 370

The Jammu and Kashmir Reorganisation Act, 2019 abolished the special status granted under Article 370.
The Act bifurcated the state into two Union Territories:

1. Jammu and Kashmir (with a legislature).
2. Ladakh (without a legislature).

This new arrangement came into effect on 31st October 2019.

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Class 11 political science chapter 6 Judiciary notes

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 Judiciary 

The judiciary is a system of courts and judges that interprets, defends, and applies the law in legal cases

In other words it's a organ of government which deals with justice 

We all know judiciary is independent but 

Why do we need an independent judiciary?

We live in a society → disputes are bound to arise

supremacy of law should be there- So that decision doesn't favour any one

So there should be some independent institution that safeguard rights of individual 

Independence of judiciary 

Simply stated independence of judiciary means that

1. the other organs of the government like the executive and legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice.

2. the other organs of the government should not interfere with the decision of the judiciary.

3. judges must be able to perform their functions without fear or favour

In the constitution number of measures ensure independence of judiciary 

• Legislature is not involved in appointment of judges 
• To be appointed he must have experience as lawyer or well versed in law 
• Judges have a fixed term 
• Only in exceptional case they are removed otherwise they have security of tenure 
• Constitution prescribe a difficult process of removal of the judges 
• Judiciary is not financially dependent 
• Constitution provides that salary and allowance of judges are not subjected to approval of legislature 
• Parliament cannot discuss the conduct of judges except when the proceedings to remove the judge is being carried out 

Appointment of judges 

• It's a part of political process 
• Council of ministers, governor, chief minister, chief justice of India all influence judges appointment 
• Appointment of cji
• over the years, a convention had developed whereby the senior-most judge of the Supreme Court was appointed as the Chief Justice of India. 
• This convention was however broken twice. In 1973 A. N. Ray was appointed as CJI superseding three senior Judges.
• Again, Justice M.H. Beg was appointed superseding Justice H.R. Khanna (1975).
• The other judges are appointed by the president after consulting cji

• Role of cji in appointment of judges 

• Initially, the court felt that role of the Chief Justice was purely consultative.
• Then it took the view that the opinion of the Chief Justice must be followed by the President. 
• Finally, the Supreme Court has come up with a novel procedure: it has suggested that the Chief Justice should recommend names of persons to be appointed in consultation with four senior-most judges of the Court. 
• Thus, the Supreme Court has established the principle of collegiality in making recommendations for appointments

Removal of judges 

• A judge of the Supreme Court or High Court can be removed only on the ground of proven misbehaviour or incapacity.
•  A motion containing the charges against the judge must be approved by special majority in both Houses of the Parliament
• while in making appointments, the executive plays a crucial role; the legislature has the powers of removal. This ensures balance of power 

Unsuccessful Attempt to Remove Justice V. Ramaswami (1991-1992)

1. Background:
• In 1991, a motion to remove Justice V. Ramaswami from the Supreme Court was initiated, signed by 108 MPs.
• The charges related to misappropriation of funds during his tenure as the Chief Justice of the Punjab and Haryana High Court.
2. Inquiry Commission Findings:
• In 1992, a Supreme Court-led inquiry commission found him guilty of:
Willful and gross misuse of office.
Moral turpitude by using public funds for personal purposes.
Reckless disregard for statutory rules.
3. Outcome:
• Despite the strong indictment, Justice Ramaswami avoided removal because:
► The motion received the required two-thirds majority from members present and voting.
► However, the Congress Party abstained from voting, causing the motion to fall short of the required majority of the total strength of the House.
4. Result:
• The motion failed, and Justice V. Ramaswami retained his position despite the allegations and findings against him.

Structure of judiciary 

We have single integrated judiciary 

Jurisdiction of supreme court 

Source: ncert 

1. Original Jurisdiction:

• Definition: Cases that can be directly filed in the Supreme Court without going through lower courts.

• Scope: Includes disputes involving federal relations:

• Between the Union and States.
• Among States themselves.

• Role: Acts as an umpire in federal disputes and interprets the Union-State powers as defined in the Constitution.

• Exclusive Power: Only the Supreme Court can handle such cases; High Courts and lower courts have no authority.

2. Writ Jurisdiction:

• Purpose: Protects fundamental rights.

• Scope:

• Any individual whose rights are violated can directly approach the Supreme Court for remedies through writs.

• The High Courts can also issue writs, giving individuals the choice to approach either court.

• Orders to the Executive: The Court can direct the executive to act or refrain from specific actions.

3. Appellate Jurisdiction:

• Definition: Supreme Court reviews decisions of lower courts to ensure proper interpretation of law or Constitution.

• Scope:

• Appeals from High Court require certification that the case involves serious legal or constitutional questions.

• Appeals in criminal cases, particularly death sentences, can also be made.

• Powers: The Supreme Court can admit appeals even if not certified by the High Court.

• Role:

• Can overturn lower court rulings.

• Provides new interpretations of the law or Constitution.

• High Court Role: Has appellate jurisdiction over subordinate courts.

4. Advisory Jurisdiction:

• Definition: The President can refer questions of public importance or constitutional interpretation to the Supreme Court for advice.

• Discretion:

• The Supreme Court is not obligated to provide advice.

• The President is not bound to act on the advice.

• Utility:

• Helps the government seek legal opinions before taking action, reducing potential litigations.

• Allows the government to modify policies or legislation based on the Court's advice.

Article 137

…….. the Supreme Court shall have power to review any judgment pronounced or order made by it.

 Article 144

…… All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.

Judicial activism 

Introduction to PIL:

1. Definition:

• Public Interest Litigation (PIL), also called Social Action Litigation (SAL), allows individuals or groups to file cases on behalf of others, especially for public interest issues.

• This departs from the traditional practice where only personally aggrieved individuals could approach the courts.

2. Emergence (1979):

• First Case: The Supreme Court heard a case filed by others on behalf of the aggrieved.

• Expanded to issues like prisoners' rights, environmental protection, and conditions of the poor.

• The judiciary began considering cases based on newspaper reports or postal complaints.

3. Significance:

• PIL became the main vehicle of judicial activism, empowering courts to protect societal rights like clean air, unpolluted water, and decent living conditions.

Landmark PIL Cases:

1. Hussainara Khatoon vs. Bihar (1979):

• Highlighted the plight of undertrial prisoners in Bihar who spent more time in jail than their maximum punishment terms.

• Initiated judicial intervention to uphold the rights of the poor.

2. Sunil Batra vs. Delhi Administration (1980):

• Originated from a handwritten note by a Tihar jail inmate about prisoner abuse.

• Supreme Court turned the note into a petition, emphasizing prisoners' rights.

3. Bandhua Mukti Morcha vs. Union of India (1984):

• Justice Bhagwati stressed the need for a different judicial approach for the poor and underprivileged, as traditional adversarial procedures could prevent them from enforcing their fundamental rights.

Impact of Judicial Activism:

1. Democratisation of the Judicial System:

• Made courts accessible to individuals, groups, and social organizations for justice.

• Expanded the judiciary's role in addressing societal issues.

2. Executive Accountability:

• Forced the executive to act responsibly and implement laws effectively.

3. Electoral Reforms:

• Mandated candidates contesting elections to disclose assets, income, and educational qualifications, ensuring transparency for voters.

Criticism of Judicial Activism:

1. Overburdening Courts:

• The rise in PILs has increased the workload of the judiciary.

2. Blurring Separation of Powers:

• Judicial activism has encroached on the roles of the executive and legislature, handling issues like:

► Pollution control, corruption investigations, and electoral reforms-traditionally the responsibilities of the administration and legislatures.

3. Delicate Balance Among Organs:

• Critics argue that judicial activism can strain the democratic principle of maintaining separate powers for the judiciary, executive, and legislature.

Judiciary and rights

1. Protection of Rights:

• The judiciary protects individual rights by issuing writs like Habeas Corpus and Mandamus under Article 32 (Supreme Court) and Article 226 (High Courts).

• It can declare laws unconstitutional under Article 13 if they violate fundamental rights or the federal distribution of powers.

2. Judicial Review:

• Though not explicitly mentioned in the Constitution, judicial review empowers courts to assess the constitutionality of laws.

• It applies to central and state laws that conflict with fundamental rights or the federal structure.

• Judicial review strengthens the judiciary's role as the Constitution's protector and interpreter.

3. Impact of Judicial Review:

• It ensures that the legislature's laws and executive actions align with constitutional principles.

• Combined with writ powers, it makes the judiciary powerful in safeguarding citizens' rights.

4. Role of PILs:

• PILs have expanded the judiciary's power, enabling it to address rights violations for marginalized groups and society at large.

Judiciary and Parliament

1. Judicial Activism:

• The judiciary has addressed executive accountability and constitutional subversion through interventions in high-profile cases like the Hawala case and illegal petrol pump allotments.

• It has directed executive agencies such as the CBI to take action in cases involving corruption and public interest.

2. Separation of Powers:

• The Constitution defines a clear division: Parliament makes laws, the executive implements them, and the judiciary interprets and settles disputes.

• However, conflicts among these organs have been recurrent, particularly between Parliament and the judiciary.

3. Parliament vs. Judiciary Conflicts:

• Issues like the right to property, land reforms, preventive detention, and compensation for acquired property led to debates over:

► The scope of fundamental rights and private property.

► Parliament's power to amend the Constitution and restrict fundamental rights.

► Balancing directive principles with fundamental rights.

4. Kesavananda Bharati Case (1973):

• The Supreme Court established the basic structure doctrine, ruling that:

►Parliament cannot amend the Constitution in a way that violates its basic structure.

► Right to property is not part of the basic structure and can be amended.

• This decision redefined Parliament-judiciary relations, granting the judiciary the authority to interpret what constitutes the basic structure.

5. Post-Kesavananda Bharati Conflicts:

• Judiciary's intervention in legislative matters:

► The judiciary has questioned legislative actions and directed legislatures on their conduct, which legislatures see as infringing on parliamentary sovereignty.

Examples include judiciary instructions on legislative business and legislative privilege breaches.

• Legislative criticism of judiciary: Instances of legislatures criticizing judicial functioning have strained the relationship further.

6. Delicate Balance:

• Democratic governance requires mutual respect among the three organs of government.

• Judicial activism and intervention, while ensuring accountability, have occasionally strained the balance of powers.

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Class 11 political science chapter 5 legislature notes

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 Legislature 

It's a group of elected people who have the power to make and change laws of a place 

Why do we need a parliament? 

• Parliament makes laws 
• It keeps a check on law makers example include the following 

1. 11 March 2002 - finance minister has to roll back rise in prices in fertilizer 
2. 4 June 1998 - finance minister ( yaswant singh ) to roll back increase in urea price 
3. 22 Feb 1983 - lok sabha suspended official businesses 
4. Congress members voiced protest against atrocities on Harijan

Why two houses of parliament?

• It is beneficial for a country or place with much diversity to have two houses of parliament as it double checks any law or decision as well as ensures that the views of diversity is respected 
• A place with only one house of parliament is known as unicameral legislature
• At present there are two houses of parliament only in six States which is known as bicameral legislature

1. Andhra Pradesh 
2. Bihar 
3. Karnataka 
4. Maharashtra 
5. Telangana 
6. Uttar Pradesh 

Rajya sabha 

• Rajya sabha represents the states of India and is known as council of States
• it is an indirectly elected body elected by the elected members of state legislative assembly 
• Two different principles of representation of this second chamber that is rajya sabha 

1. To give equal representation to all parts of country irrespective of their size or population this is known as symmetrical representation ex usa
2. To give representation according to size and population

• The number of members to be elected from each state has been fixed by the fourth schedule of constitution 
• Members of rajya sabha elected for term of 6 years they can get re-elected 
• Only one third of the seat after every 2 years is dissolved this means that at no point rajya sabha is completely dissolved so it is called the permanent house of parliament
• Advantage - when lok sabha is dissolved when rajya sabha can be called and urgent business can be conducted 
• Apart from elected members rajya sabha also has 12 nominated members which are nominated by the president 

Special powers 

• If any matter that affects the state it must be referred to the rajya sabha for it consent and approval 
• Rajya sabha alone can initiate the process of removal of vice president 
• Vice president is chairman of rajya sabha

Lok sabha

• It is directly elected by people for a term of 5 years 
• Entire country is divided into constituencies at present there are 543 constituencies which has not changed since 1971 
• The lok sabha can be dissolved if prime ministers advises the President to do so or if there is no party or coalition which can form the government 

Special powers

• Can only reject the money bill of the houses 

What does the parliament do? 

Legislative function 

• The parliament approves the legislature 
• The actual task of drafting bill is done by bureaucracy 
• Members other than ministers can also introduce the bill but drafting is done by ministry 

Control of Executive and ensuring it's accountability 

• Ensures Executive does not overstep it's authority 

Financial function 

• Government need to get approval by lok sabha to use any money or resources of the country 
• It grant resources to government 

Representation 

• It represents diverse population

Debating function 

• It is the highest form of debate and members are free to speak here 

Constituent function 

• Parliament can amend the constitution 

Electoral function 

• It elect vice president and President 

Judicial function 

• It can remove the vice president, president as well as judges through impeachment

Powers of lok sabha and rajya sabha 

How does the parliament make laws ?

Types of bill

• A bill is a draft of proposed law 
• When a non ministers propose a bill it is known as private members bill
• A bill proposed by minister is known as government bill 
• Even before the bill is introduced there is a lot of debate about the bill and the need of it 
• Once the cabinet approves the policy behind the legislation the task of drafting begins it is drafted by the concerned ministry 
• A large part of discussion takes place in the committees that's why they are known as miniature legislature 
• If one house approves the well while other rejects it then joint session of the parliament is called 
• In case of money bill the rajya sabha can either approved or suggest some recommendation if no action is taken place within 14 days the bill is considered to be passed 

Article 109 talks of the special procedure in respect of money bill a money bill can not be introduced in the council of States 

How does the parliament control the executive?

Parliamentary privilege 

• It is given to the members of parliament that no action shall be taken against any members for speaking on any matters in the parliament 
• The presiding officer of the legislature has the final power in deciding the matter of privilege 

Instruments of parliamentary control 

Deliberation and discussion 

• Which includes question hour and zero hour (1/2 hour) 

Approval or refusal of bills 

• A bill can only become law with the support of parliament 
• If the government has majority in lok sabha but not rajya sabha the bill can be rejected as it happened in 1977 and 2000 many bill such as Lokpal Bill and prevention of terrorism bill 2002 has been rejected

Financial control 

• Parliament can enquire into cases of misuse of funds on the basis of reports of the controller and audit general and public accounts committees 
• Parliament grands resources to government 

No confidence motion 

• The most powerful weapon 
• After 1989 several Government have been forced to resigned due to lack of confidence of the houses

What do the committees of the parliament do? 

• Since 1983 India has developed a system of parliamentary standing committees 
• There are 20 such departmentally related committees to supervise the work of various departments
• Apart from standing committees there are also joint parliamentary committees which can be set up for the purpose of discussing a particular bill members of this committees are selected from both houses

How the parliament regulate itself? 

• The presiding officer of the legislature is the final authority in matters of regulating the business of the legislature 

Anti defection law 

• 52nd amendment act in 1985 also known as anti defection amendment which has been modified in 91st amendment
• It's he is that if a member is proved to have defected then the member loses the membership of the house also the person is also disqualified from holding any political office 
• Defection means if a member remains absent in the house when asked by the party leadership to remain present or vote against the instruction of the party or voluntary leaves the membership of the party it is deemed as defection 

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Class 11 political theory chapter 5 Rights notes

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Rights 

Intro 

 Rights: The Foundation of Democracy and Equality

• Rights form the backbone of democratic societies. They are not just legal entitlements but are also essential guarantees that ensure dignity, equality, and individual liberty. 

What Are Rights?

Rights are fundamental claims or entitlements that ensure individuals can live with dignity, freedom, and equality. They are vital for personal development and collective well-being.

Why Are Rights Important?

Dignity and Self-Respect: Rights provide the conditions necessary for individuals to maintain self-respect and honor.
Development: They enable people to nurture their talents and pursue opportunities to achieve their potential.
Equality: Rights ensure that everyone has access to freedoms and protections regardless of their background.

Origins of Rights

The concept of rights has evolved significantly:

1. Natural Rights

Philosophers in the 17th and 18th centuries, believed that rights were granted by nature or God. These "natural rights" were considered inherent to human beings and not dependent on laws or rulers.

2. Human Rights

Modern society emphasizes "human rights" over natural rights. These are social constructs that guarantee a minimally good life. They challenge inequalities based on race, caste, religion, or gender and ensure freedoms for all.

3. Expanding Scope of Rights

As societies evolve, new rights emerge to address emerging challenges. Examples include:
Environmental Rights: Right to clean air and sustainable development.
Digital Rights: Right to privacy and freedom in the digital space.

Legal Recognition and the Role of the State

The state plays a critical role in recognizing and enforcing rights:

1. Constitutional Provisions

Many countries enshrine rights in their constitutions. In India, Fundamental Rights are central to the Constitution and reflect the values of equality, liberty, and justice.

2. State Obligations

Rights impose obligations on the state to act positively (e.g., ensuring justice) and refrain from negative actions (e.g., violating privacy).
They ensure that state authority respects individual freedoms.
Rights also place limits on the misuse of power by governments.

Types of Rights

Rights can be categorized into different types, each addressing specific aspects of human life and society.

1. Political Rights

Political rights empower citizens to participate in the governance of their country.
Examples:
Right to vote.
Right to contest elections.
Right to form or join political parties.

Significance: These rights make governments accountable and ensure that the people remain at the center of decision-making.

2. Economic Rights

Economic rights ensure access to basic necessities and opportunities for economic growth.
Examples:
Right to food, shelter, and health.
Right to work and fair wages.

Relevance: These rights address poverty and inequality. Initiatives like India’s rural employment guarantee scheme are steps toward fulfilling these rights.

3. Cultural Rights

Cultural rights safeguard the identity and heritage of diverse communities.
Examples:
Right to primary education in one’s mother tongue.
Right to preserve cultural traditions.

Importance: These rights protect cultural diversity and ensure inclusion in multicultural societies.

Rights and Responsibilities

Rights come with corresponding responsibilities that promote a balanced and harmonious society.

1. Collective Good

Rights compel individuals to prioritize societal well-being over personal interests.

2. Respect for Others

If you demand freedom of speech, you must also respect others’ right to express their views.

3. Resolving Conflicts

Rights may sometimes conflict, requiring a balance. For example:
Freedom of expression vs. right to privacy.
Example: Taking unauthorized photos of someone infringes on their privacy despite being an expression of freedom.

4. Vigilance

Citizens must be alert to potential misuse of power by governments, such as restrictions imposed under the guise of national security.

Rights in a Modern Context

Rights are not static; they adapt to the changing needs of society:
Digital Age: Issues like cybersecurity and data privacy are integral to modern rights.
Global Challenges: Climate change and pandemics have highlighted the need for collective rights that go beyond national boundaries.

Conclusion

Rights are the foundation of democracy and equality. They ensure individual freedoms, hold governments accountable, and promote social justice. However, rights also come with responsibilities to respect others and safeguard these freedoms for future generations.
In today’s world, understanding and upholding rights is more important than ever to build a fair and equitable society. Rights are not just legal entitlements; they are a testament to human dignity, equality, and the collective progress of humanity.

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Class 11 political science chapter 4 executive notes

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 Executive 

Intro 

The Executive is one of the key organs of the government, primarily responsible for the implementation of laws and policies passed by the legislature. It plays a crucial role in shaping the administration of a country and ensuring that governance remains effective and responsive.

Types of Executive Systems

1. Parliamentary Executive:

In a parliamentary system, the head of the government is separate from the head of state. This structure is prominent in countries like Canada (a constitutional monarchy) and Japan. In Japan, the Emperor is the ceremonial head of state, while the Prime Minister holds real governing power.
India is a well-known example of a parliamentary executive system, where the President is the constitutional head of state and the Prime Minister is the head of government. The Council of Ministers, led by the Prime Minister, exercises actual executive authority.

2. Semi-Presidential Executive:

This system combines elements of both presidential and parliamentary frameworks. France is a notable example, where the President holds substantial authority, yet the Prime Minister cannot be dismissed by the President.
Sri Lanka: The 1978 constitutional amendment established an executive presidency. The President is both head of state and government, with powers like appointing and removing the Prime Minister and being elected for a six-year term. The President can only be removed by a parliamentary resolution with a two-thirds majority.

3. Presidential Executive:

In a presidential system, such as in the United States and Brazil, the President serves as both head of state and government, enjoying significant executive powers independent of the legislature. The separation of powers is a hallmark of this system, emphasizing checks and balances.

The Parliamentary Executive in India

India follows a parliamentary form of governance, modeled on the British system, which emphasizes the collective responsibility of the executive to the legislature.

The President of India

Election: The President is elected for a five-year term through an electoral college, which includes elected members of both Houses of Parliament and the Legislative Assemblies of States.
Roles and Responsibilities:

• The President acts as the formal head of state but exercises powers based on the advice of the Council of Ministers.
• The President can be impeached for violating the Constitution. Impeachment requires a two-thirds majority in both Houses of Parliament.

Constitutional Powers:

• Veto Power: The President can withhold assent to bills (excluding Money Bills) and send them back for reconsideration. The "pocket veto" allows the President to keep a bill pending indefinitely.
• Discretionary Powers: These include appointing the Prime Minister when no party has a clear majority in the Lok Sabha and sending back advice from the Council of Ministers for reconsideration.

• Emergency Powers: During a national emergency, the President can assume extensive powers, overriding state authority and legislative oversight.

The Vice President of India

Election: The Vice President is elected by an electoral college comprising members of both Houses of Parliament. State legislatures do not participate in this election.
Roles:
Acts as the ex-officio Chairman of the Rajya Sabha and presides over its sessions.
Takes over the office of the President in case of a vacancy due to death, resignation, or impeachment.

Term: The Vice President serves a five-year term and can be removed by a resolution passed by the Rajya Sabha and agreed upon by the Lok Sabha.

The Prime Minister and the Council of Ministers

• The Prime Minister is the real executive authority in India and plays a central role in the governance of the country.
• Responsibilities:
• The Prime Minister selects members of the Council of Ministers and assigns them portfolios.
• Must command the confidence of the majority in the Lok Sabha to remain in office.

Council of Ministers:

• Includes cabinet ministers, ministers of state, and deputy ministers.
• Ministers must be members of Parliament, and if not, they must be elected within six months.
• The size of the Council is limited to 15% of the total members of the Lok Sabha, as per a constitutional amendment.

Collective Responsibility:

• The Council is collectively responsible to the Lok Sabha. A no-confidence vote against one minister leads to the resignation of the entire Council.
• Solidarity of the cabinet ensures that all ministers support cabinet decisions or resign.

The Indian Bureaucracy: The Permanent Executive

The bureaucracy functions as the permanent executive, responsible for implementing the policies of the elected government.

• Structure: It includes All-India services (e.g., IAS, IPS), State services, and employees of local governments. Public sector undertakings also fall under its domain.
• Recruitment: The Union Public Service Commission (UPSC) conducts civil service examinations to ensure a professional and competent bureaucracy. State Public Service Commissions recruit for state-level services.
• Challenges:
• Accountability: The bureaucracy is often criticized for being unresponsive and inefficient. Political interference can lead to corruption and reduced effectiveness.
• Measures like the Right to Information Act have been introduced to enhance transparency and make the bureaucracy more accountable to the public.

Balancing Political Control and Bureaucratic Autonomy

• While the government must maintain control over the administration to implement its policies, excessive interference can make the bureaucracy a political tool.
• Conversely, lack of accountability mechanisms can lead to bureaucratic inefficiency and insensitivity to public needs.

Principles of the Parliamentary System

1. Collective Responsibility:

• The Council of Ministers operates as an executive committee of Parliament, governing on its behalf.
• If the Lok Sabha passes a no-confidence vote, the entire Council must resign. This ensures that the executive remains accountable to the legislature.

2. Solidarity of the Cabinet:

• All ministers must agree on policies or resign. A disagreement with a cabinet decision cannot be publicly expressed.
• The death or resignation of the Prime Minister leads to the dissolution of the Council of Ministers.

3. Prime Minister’s Role:

• Acts as the link between the President, the Council of Ministers, and Parliament.
• Involved in all significant decisions, exercises influence over the bureaucracy, and represents the country internationally.

State-Level Executive: The Governor and Chief Minister

Governor: Appointed by the President, the Governor serves as the constitutional head of the state and has more discretionary powers compared to the President.
Chief Minister: Functions like the Prime Minister but at the state level, leading the Council of Ministers and ensuring governance aligns with the legislative assembly’s will.

Conclusion

The Executive Branch of India is a complex system that balances authority between elected leaders and a professional bureaucracy. It ensures that governance is both accountable and efficient, aiming to serve the democratic interests of the nation while maintaining stability and continuity in administration.

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Election and representation class 11 chapter 3 political science notes

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Election and representation 

Elections and Democracy

Direct Democracy

In a direct democracy, citizens are actively involved in the daily decision-making and governance, similar to the ancient Greek city-states.

Indirect Democracy

In larger democracies, direct participation by all citizens in every decision is impractical. Instead, citizens elect representatives who govern on their behalf. This process of selecting representatives is known as an election.

Role of Citizens:

• Citizens have a limited role in direct decision-making and administration.
• They participate indirectly through their elected representatives.

Role of the Constitution:

The Constitution establishes fundamental rules to ensure elections are free and fair, including voter eligibility, candidacy, and election supervision.

Election System in India

In democratic elections, citizens vote to determine the winners. Some rules may favor the majority, while others protect minority interests.

First Past the Post System (FPTP)

• India is divided into 543 constituencies, each electing one representative.
• The candidate with the most votes in a constituency wins, regardless of whether they have a majority. This is known as the FPTP or Plurality System, as prescribed by the Constitution.

Proportional Representation (PR)

Comparison with Israel’s Election System:

In Israel, seats in parliament are allocated to parties based on their share of the vote. Parties fill their seats from a pre-declared list of nominees. This is the Proportional Representation (PR) system, where the proportion of seats matches the proportion of votes.

Variations in the PR System:

Single Constituency: Countries like Israel and the Netherlands treat the entire country as one constituency, distributing seats based on national vote share.

Multi-Member Constituencies: Countries like Argentina and Portugal divide the country into several constituencies, each electing multiple representatives. Parties list candidates for each constituency, and seats are distributed based on party votes.

In both variations, voters choose parties rather than individual candidates, and seats are allocated proportionally.

India’s Use of PR

India uses a limited form of the PR system for indirect elections, such as those for the President, Vice President, Rajya Sabha, and Vidhan Parishads, following a more complex variation outlined in the Constitution.

PR System in Rajya Sabha Elections

The Rajya Sabha elections in India use the Single Transferable Vote (STV) system, a variant of Proportional Representation (PR).

State Quotas: Each state has a designated number of seats in the Rajya Sabha.

Election by State Legislatures: Members are elected by the legislative assemblies of each state.

Voters: The voters in these elections are the Members of the Legislative Assembly (MLAs) of the respective states.

Ranking Candidates: Voters rank the candidates in order of preference.

Winning Quota:

To win, a candidate must achieve a minimum quota of votes, calculated using a specific formula.

  {Total votes polled/ total number of candidates+1} +1

Vote Counting Process:

First Preference Votes: Initially, votes are counted based on the first preference indicated by each voter.

Elimination and Transfer: If not enough candidates meet the quota, the candidate with the fewest first preference votes is eliminated. Their votes are then transferred to the remaining candidates based on the next preferences indicated on those ballots.

Repeat Process: This process continues until the required number of candidates have met the quota and are declared elected.

Comparison of FPTP and PR Systems

First Past the Post (FPTP) System:

Simplicity: Easy for voters to understand and use, even without specialized knowledge.

Clear Choices: Voters select specific candidates or parties, providing a straightforward choice.

Proportional Representation (PR) System:

Complexity: More complicated, potentially better suited for smaller countries.

Less Accountability: Voters often choose parties rather than individual candidates, which can reduce direct accountability to local constituencies.

Stability Concerns: The framers of the Constitution believed that PR might not provide the stable government needed in a parliamentary system.

Smooth Functioning of Government 

The First Past the Post (FPTP) system often provides the largest party or coalition with additional seats beyond their share of votes, facilitating the formation of a stable government.

Encouraging Collaboration

The FPTP system promotes cooperation among voters from various social groups to win elections in local areas. In a diverse country like India, a Proportional Representation (PR) system might lead each community to form its own national party.

Experience with the FPTP System

Expectations Met:

• The FPTP system has met the expectations of the constitution-makers.
• It is straightforward and easy for ordinary voters to understand.
• It has enabled larger parties to secure clear majorities at both the central and state levels.
• It has discouraged the formation of parties that rely solely on votes from a single caste or community.

Party System Dynamics:

• Typically, the FPTP system leads to a two-party system.
• India’s experience has been unique, with initial one-party dominance post-independence.
• Since 1989, India has seen the rise of multiparty coalitions.
• In many states, a two-party competition is emerging, but the rise of coalitions has allowed new and smaller parties to participate in elections.

Reservation of Constituencies

Need for Reservation:

• In the FPTP system, the candidate with the most votes in a constituency wins. This can disadvantage smaller social groups, highlighting the need for reserved constituencies to ensure fair representation

Addressing Caste-Based Discrimination in Elections

• India has a history of caste-based discrimination. In the First Past the Post (FPTP) electoral system, dominant social groups often win, leaving marginalized groups underrepresented.

Separate Electorates

• Introduced by the British government, this system allowed only voters from a specific community to elect their representative.

Reserved Constituencies

• In reserved constituencies, all voters can participate, but only candidates from a particular community or social section can contest. This ensures representation for social groups that are spread across the country and may not have enough numbers to influence election outcomes in a regular constituency.

Constitutional Provisions

• The Constitution provides for the reservation of seats in the Lok Sabha and State Legislative Assemblies for Scheduled Castes (SC) and Scheduled Tribes (ST).
• Initially set for 10 years, this provision has been extended through successive constitutional amendments and is currently valid until 2030.
• Parliament can decide to extend this period further when it expires.
• The number of reserved seats is proportional to the population share of these groups. As of January 26, 2019, out of 543 elected seats in the Lok Sabha, 84 are reserved for SC and 47 for ST.

Process for Determining Reserved Constituencies

Reserved constituencies are determined by the Delimitation Commission, an independent body appointed by the President of India in collaboration with the Election Commission of India.

Purpose: The Commission is responsible for defining the boundaries of constituencies across the country.

Quota Allocation: Each state has a fixed number of reserved constituencies based on the proportion of Scheduled Castes (SC) or Scheduled Tribes (ST) in that state.

Population Composition: After setting the boundaries, the Commission examines the population composition of each constituency.

For ST: Constituencies with the highest proportion of ST population are reserved for ST candidates.

For SC: The Commission selects constituencies with a higher proportion of SC population and ensures these constituencies are spread across different regions of the state, as the SC population is generally evenly distributed.

Rotation: Reserved constituencies can be rotated each time the delimitation process is conducted.

Other Groups: The Constitution does not provide similar reservations for other disadvantaged groups.

Ensuring Free and Fair Elections

The effectiveness of any election system is measured by its ability to:

• Ensure a free and fair electoral process.
• Maintain an impartial and transparent election system.
• Reflect the voters’ aspirations through the election results.

Universal Franchise and Right to Contest

Universal Adult Franchise: All adult citizens in India are eligible to vote. The Indian Constitution guarantees this right.

Voting Age:

• Until 1989, the voting age was 21.
• A constitutional amendment in 1989 lowered the voting age to 18.

Right to Contest Elections:

• All citizens have the right to stand for election.
• Different minimum age requirements exist for various elections. For example, a candidate must be at least 25 years old to contest in Lok Sabha or Assembly elections.
• Legal Restrictions: Individuals who have been imprisoned for two or more years for certain offenses are disqualified from contesting elections. There are no restrictions based on income, education, class, or gender.

Independent Election Commission

The Election Commission of India is established to oversee and conduct elections, ensuring they are free and fair.

Constitutional Provisions:

• Article 324 of the Indian Constitution establishes an independent Election Commission responsible for the supervision, direction, and control of the electoral roll and the conduct of elections in India.
• The Election Commission has a decisive role in all election-related matters.
• Each state has a Chief Electoral Officer to assist the Election Commission of India.
• The Election Commission does not handle local body elections; these are managed by State Election Commissioners, who operate independently.

Structure of the Election Commission of India

• The Commission can be either a single-member or a multi-member body.
• Until 1989, it was a single-member body. Just before the 1989 general elections, two additional Election Commissioners were appointed, making it a multi-member body. After the elections, it reverted to a single-member status.
• In 1993, the Commission became multi-member again and has remained so since then.
• A multi-member Commission is generally preferred for shared power and greater accountability.

Chief Election Commissioner (CEC)

• The CEC presides over the Election Commission but does not have more powers than the other Election Commissioners.
• Decisions are made collectively by the CEC and the two Election Commissioners, who have equal powers.

• They are appointed by the President of India based on the advice of the Council of Ministers.
• There is a concern that a ruling party might appoint a biased individual to the Commission.

Security of Tenure

• The Constitution ensures the security of tenure for the CEC and Election Commissioners.
• They serve a six-year term or until the age of 65, whichever comes first.
• The CEC can be removed before the term ends by the President if both Houses of Parliament recommend it with a special majority.
• Election Commissioners can be removed by the President of India

Functions of the Election Commission of India

Voter List Management:

• Ensures the voters’ list is accurate and free from errors, such as missing names of eligible voters or inclusion of ineligible names.

Election Scheduling:

• Determines the timing of elections and prepares the election schedule, including key dates for nominations, scrutiny, withdrawals, polling, and counting.

Ensuring Free and Fair Elections:

• Has the authority to make decisions to ensure elections are free and fair. This includes the power to postpone or cancel elections in specific areas if the conditions are not conducive to a fair poll.
• Implements a model code of conduct for parties and candidates.
• Can order re-polls or recounts if necessary to ensure fairness.

Political Party Recognition:

• Grants recognition to political parties and assigns symbols to them.

Administrative Machinery of the Election Commission of India

• The Election Commission operates with a limited permanent staff and relies on the administrative machinery for conducting elections.
• During elections, it has control over state and central government officers assigned to election duties.
• The Commission can transfer officers or halt their transfers and take action against those who do not act impartially.

Electoral Reforms

Suggestions for Improvement:

• Consider shifting from the First Past the Post (FPTP) system to a variant of the Proportional Representation (PR) system to ensure parties receive seats proportional to their vote share.
• Introduce provisions to ensure at least one-third of elected representatives in parliament and assemblies are women.
• Implement stricter controls on election expenses, potentially funded by the government.
• Ban candidates with pending criminal cases from contesting elections.
• Ban the use of caste and religious appeals in election campaigns.
• Enact laws to regulate the functioning of political parties, ensuring they operate transparently and democratically.

Ensuring Elections Reflect Democratic Aspirations

• Beyond legal reforms, there are two key ways to ensure elections align with the people’s expectations and democratic aspirations:
• Active Citizen Participation: People need to be vigilant and actively involved in political activities.
• Role of Institutions and Organizations: Various political institutions and voluntary organizations keep an eye to ensure free and fair elections.

Special Majority in Parliament:

Two-thirds Majority: Requires two-thirds of those present and voting.

Simple Majority: Requires a majority of the total membership of the House.

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