Polity Flashcards

Question

Governor important article

Answer 1

153– exist 154– Ex power in his name Legislative 200– Reserve Bills 213– ordinance Judicial pardon 161 On aid of COM 163

Answer 2

1. CONSTITUTIONAL D Art 200 Recommendations for presidential rule Tribal areas Assam (mine, royalty) 2. Situational D Hung Assembly SLA dissolve 3. Implied D UTs WO legislation Ordinance for president approval ( implicit under art200) Issue same as the central diagram 1.Rol 2. Arbitrary 3. EBL 4. Constitutionalism 5. SOP 6. CandB 7. jR 8. PD 9. Federalism

Answer 3

Office 1. Appointment by president hence central bias Recommendations: A. ARC: consult state 2. No qualification ground apart from age and citizenship B. Sarkaria: eminent personality not active in politics and must not be a domicile. 3. Removal: C>S C. Punchi commission: state empowered to impeach on same lines of president impeachment. D. Jurisprudence: Ram Jwaya Kapoor vs pb Shamsher Singh Vs State of Punjab BP Singhal vs UOI —( can get into reason of removal in case of malafide removal) Implications : Central Dig Function issues and solutions: Issues: Central bias— Federalism Discretion And others PD, ROL, Arbitrary etc Solution: Jurisprudence: 1. Dismisal of legislature SR Bomai: once floor test required. And presidential rule related recommending report JR 2. Ram Jawaya kapoor: Exec can administer on a head on which legislation is not there but is in their jurisdiction. But can’t contradict a law which already exists. Discretion 3. Nabam rebia Can’t declare legislature agenda without consulting COM. 4. Rameshwar vs UOI Use discretion cautiously 5. Committee: Punchi, Sarkaria Eradicate discretion or define it.

Answer 4

Art 75(3) Cases Common cause : must be unanimous And every Minister responsible for success and failure Dev Gauda case Minister must support decision of Com even if not asked before. Doctrine of collective responsibility DoCR

Answer 5

1. INTRO Chavan Committee: by late 60s more than 1/2 Mps defected Hence CAA 52nd Xth Schedule was inserted. 2. Analysis Templates ( ground, authority, exception, impact) Grounds 1. Resignation from political party — vague — pol party not defined *Jurisprudence— Ravi Naik— Conduct enough, formal resignation not required. *Halim Committee: Define Political party 2. Voting contrary to political party diktat: individuality and member privileges / A105, A194 *Jurisprudence- Kihoto Hollohan —freedom of Right to spee is qualified and they get it from 105 and not 19(1)(a) *committee: Law commission— use whip in existence issues only. Authority bias — Speaker from Party in power Dinesh Goswami committee/ ECI: Power be given to President for removal on binding advice of ECI. Exception: Arbitrary— 2/3rd members break then no disqualification making legislation a number game —No clearity about pre-election alliances Recommend: ECI: pre political alliances to be considered as Pol unit. Impact: Not impactfull Don’t have deterence only disqualification no future disqualification Committe: Halim committe— expelled member debarred from holding subsequent office eg- Min. Leading to CAA91st Impact 1. Legislator (triangle— Constituency, people interest, party interest) 2. People: ( chain of responsibility break) 3. Parliamentary democracy: Legislature= Executive 2.0 Conclusion: Internal party democracy. Ex: UK brexit was failed under PM Theresa May but the subsequent ADL also didn’t materialised. Thus balancing individuality with political stability.

Answer 6

1. Intro: In Sita Soren vs UOI (2024) SC overruled its previous judgement of Narsimha Rao case and held legislators are not immune by Art 105(2), Art 194(2) from case involving Bribery. 2. SOURCES *Constitutional: Right to speak: 105(1), 194(1) Right to vote :Art 105(2), Art 194(2) Protection of Secret meeting 361 A *CPC Protection from arrested 40 days +- session *Rule of procedure Intimation of arrest to PO Protection of Evidence Exclusion of strangers *Conventions Protection from arrest from the parliament campus * Jurisprudence MSM sharma case (Search light I case) : Prohibition from Publication Issues *Codification 1.codification— impractical— if codified — Ordinary law or Constitution itself — Art 13(2) — FR > Ordinary laws— and Search light case I ( 105(1)> 19(1)(a)) 2.Non exhaustive 3. Comflict with FR 19(1)(a) 4. Checks and balances : JR diluted 5. Misuse 6. Parliamentary overreach Solution 1. Jurisprudence: Sita Soren 2024 Dual test: A) must be related to collective functioning of parliament B) essential for the work 2. Parliamentary privilege commission must be set up (NCRWC) 3. Strengthening of Parliamentary committees on privileges 4. Training and sensitising of legislators. Conclusion: these privileges and immunities are for serving the democracy and not to dominate it. Hence parliamentary committee system must be strengthened to oversight its implementation.

Answer 7

Intro: OOP lies at confluence of PD, c. Morality and DoSoP Art. 102(1) , 191(1) Rational: to uphold parliamentary sovereignty Refrain COI Uphold SOP Exceptions 1. Constitution: Ministers 2. Parliament (prevention of disqualification) Act 1959. Process —ECI advise binding on President — JPC — recommends adding in parliament act 1959 Test given In — Swapan Roy vs Pradyut Bordoloi (2001) - Govt appointment - Government payment - Government control - Conflict of interest Example: Disqualification of Jaya Bachan due to being CP of UP film development board in 2006. — Disqualification of MLAs of Delhi because of holding OOP AS SECRETARIES OF PARLIAMENT IN 2017 WF : ARC 2: 1-if body is advisory no need to consider it as OOP irrespective of remuneration attached. 2-Office with executive decision making power must be considered OOP. 3- exempt if office of organisationa allows better coordination between COM and that organisation Concluded : Prof Parshant : must be seen from pragmatic lens rather than with blanket tests.

Answer 8

It is excuse for legislators, a shield for executive and a provocation to Constitutional Jurist. ( justice Mukherjee) Rational -Expert and technical -Ltd deliberative time -Flexibility - Emergency Impact: Central diagram(sop, cb, PD, Federalism) Executive overreach WF : strengthening committe on subordinate legislation Examples: IT rules 2011,2021,2022,2023 CAA Rules Conclusion: necessary evil

Answer 9

Aadhar as money bill 2017 PMLA ammendment in form of money bill in 2019

Answer 10

Context: No work calls after office hours bill. Free temples from Government control Data: ~2% Total time of LS (2019-2024) only 4 bills discussed Issues Time less Parliamentary democracy Exec 2.0( GMB preferred ) Solution - Constitute Committee of pvt members bill frequently. - more time - more frequency Conclusion Essence of PD lies in Individuality of Parliamentarians. Hence there is need to change perceptions of pvt members bill from often heard, hardly discussed , rarely passed to frequently heard often discussed and sometimes passed.

Answer 11

“Congress in session is congress on exhibition and congress in committee rooms is congress at work” (Woodrow Wilson) Importance 1. Specialisation 2. Checks and balances ( recommendations accepted 80% of time bw 2010-2019) 3. Transparency:( Coal Gate scam, Aadarsh scam , Satyam scandal etc) 4. Less populism more pragmatic 5. Scrutiny on PSU, budget estimates Finance committee PAC EC CPSU. all are post mortem in nature General issue 1. Decreasing reference: (only 16% in 17th ) 2. Transparency low 3. Capacity low: ( less support staff) 4. Absenteeism ( only 50% attendence) 5. Recommendatory in nature Way forward: -Solution for above fund fxn fxnary -Best practices: US public participation - compulsory referral as in Uk Concluded : OECD states countries with strong committee systems tend to have better governance low budgetary leakages and make more informed legislation.

Answer 12

Source — PRS -Members— ~46% criminal cases - Composition : Women: 15% ( global avg 27%) Asset— 93% Crore pati Functioning 17th LS : fewest meetings of all full term LS Committee: 16% references 50% Absenteeism Pvt members bill 2 bills in total discussed 2% time allocation Budget 2023– washout (Adani Hindenburg) 80% Guillotine Disruptions 200+ suspensions 1/3rd time on non legislative discussion

Answer 13

1. Check hastiness 2. Review 3. Federal 4. Expert — nominated 5. Small hence effective deliberations 6. Continuity ( never dissolve) 7. Committees — Checks and balances Negetive 1. Retirement chamber 2. Ls powerful hence not much say 3. Unequal representation of states

Answer 14

Intro: Art 327 empower Parliament to make laws relating to election including Delimiting the boundaries of the different constituencies. Indian parliament has so far enacted 4 commissions 1952,1962,1972,2002. Issue 1. Population vs Federalism 2. Political advantage: Geremandering 3. Reserved seats 4. Parliament having majority— risk of bias. Wf) — Canada : Indipendet boundary commission Conclusion: As India in 2026 moves towards delimitation, it must balance population and governance, or otherwise democracy risk becoming mere demography.

Answer 15

Constitution under art 327 empowers parliament to make RoPA 1951. Disqualification 1. 8: IPC/ other crimes 2. 8A : Corrupt practices 3. 9 : disloyalty 4. 9A : Government Contract 5. 10 : psu office 6. 10A : election expenses 2. Electoral corrupt practices sec. 123 — HC election petition 3. Electoral offences: sec 125-136 (public justice system) Overlaps Different mechanisms Jurisprudence: 1. Jagdev vs Daulta: Protection of language as appeal is not a corrupt practice but to ask vote on ground of language is corrupt practice. 2. Subarmaniyam vs Tn Freebies not corrupt practices. 3. Lily thomas 4. Raj narain vs IG (public machinery using is misuse)

Answer 16

Intro: “ there is no democracy without elections and elections without democracy are undemocratic” About : qualifications, disqualifications, electoral disputes 3 types of disqualification A. S8(Ipc) 8a ( corrupt practice) 9 (disloyal and dismissed from job ) 9A ( govt contract) 10( share or position in PSU) 10a( election expenditure ) Process: president disqualifies on binding advice of ECI B. s123 — Corrupt practices Election petitions to HC C. Chapter-3 : Electoral offences Criminal justice via Police case and further case in session court. Issues : 1. Over complicated: HC, ECI, Police justice 2. Overlaps : s8A, s123 both corrupt practices ( dig of 3 circles intersecting ) 3. Vague : Jagdev vs Daulta (protection of Language if used to appeal not a corrupt practices but if used to get votes it is) 4. Difficult to prove: Mahant Nath vs Ranbir Singh — Corrupt practices need to be proven beyond reasonable doubt . 5. Free bies : Ex— Balaji vs TN — Freebies is not a corrupt practice. *Solution available Ponnuswami vs RO ( election petition only sole remedy ) Relief(s 84)— can void the election or alternative declaration Solution: 1. Implementation deficit 2. FTC 3. Freebie judgement to be reconsidered 4. Electoral Financial measures 5. Capacity building of ECI Conc: in contemporary times rulers are not born of queens but representatives are born of ballot boxes and evm, therefore law which oversees this sacrosanct process need to be made efficient and effective to uphold the ultimate sovereignty of the people.

Answer 17

Intro1: In anoopr barnwal vs UPI 2023 — CJI was added into collegium for selection of ECI CEC and other EC act 2023 changed to PM,LoP and any 1 minister from CoM. Further challenged in Jaya Thakur vs UOI Intro 2: Same of RPA Art: 324 Issues 1. Appointments 2. Perceived partisan ship (because of executive control over appointment) 3. Financial autonomy 4. Functionaries dependent on President 324(6) 5. Weak enforcement of MCC (no statutory backing) 6. Delayed disqualification 7.Allegations of EVM hack and non universal audit of VVPAT WF 1. Appt: Anoop Baranwal case 2. CAG type autonomy — Finances to be charged upon CFI 3. Technology and innovation: (Block chain, ERMS) 4. Public awareness SVEEP, 5. Transparency and accountability 6.Empowering ECI with greater control over election staff.

Answer 18

MCC : no statutory backing but work under ECI plenary powers under 324 Issue: MCC— legal backing — Judicial delays — effectiveness lost. Solution: 1.give statutory status 2. Either bridge it with RoPA 3. empowering ECI with suo-motu power 4.technology: citizen reporting ( participative governance)

Answer 19

Pre 2016-17 Anonymousl donation— cap at 2000 Corporate contribution— 7.5% avg net profit Indirect state subsidies— free Air 2016 FCRA Act Foreign owned Indian Companies permitted to donate political parties. Finance Act 2017: Removed cap from corporate funding Introduce Electoral Bonds (EBs) 2024, ADR case S.c. Struct down EB as unconstitutional Committees 1. Indrajit Gupta : advocate partial state funding to level the playing field. 2. Law Commission: full state funding contingent on internal party democracy 3. Re introduced corporate funding cap 4. Bring Pol parties under RTI

Answer 20

Taken: CAA 61st lowering age to 18 Introducing EVM and VVPAT EPICs NOTA Mandatory affidavit on criminal background Proposed 1.Kovind committee recommendations: simultaneous election 2. Ban on candidates contesting from multiple seats 3. Reforming FPTP to hybrid 4. Regulation of inner party democracy and party funding

Answer 21

Special intensive revisions: door to door campaign to struck the name of non voters(migrants , death, illegal) from elecoral roll and adding the new voters to the electoral role. Mandate: to ECI via Art. 324 of COI and Art 326 ( universal adult franchise) RoPA 1950 Core issues 1: Jurisprudence: Lal babu vs ERO ECI can’t force people at mass to prove their citizenship but can ask specific suspicious person after disclosing the reason for suspicion his proofs of citizenship. 2. Form 7 : any voter from a given constituency can object on inclusion of a specific person in electoral role: Leading to wide disenfranchisement. Common issues: 3. Timing near election 4. Exclusion amd inclusion error 5. Constitutional Right breach: Art 326 6. Politicisation pf election process

Answer 22

Kovind Committee

Answer 23

106th CAA fact: 14% LS women Reports DRSC : yes give Status of India report: 50% reservation For: Impact of Reservation-in PRI, 2003 study Better women governance in female lead panchayat Against; Constitutional Assembly Renuka Ray : after reservation women consideration for general seat decreases. Structural shortcomings Best practices Inner party reservation Rawanda— Zipper method Over 60% women

Answer 24

Article 176– yearly/ new session (compulsory) Art 175 — simple address Jurisprudence Nabam rebia : 175,176 must act on aid and advice of CoM Removal need — Consultation amendment — need special majority Sarkaria Puchi commission

Answer 25

In November 2025, a constitutional bench of SC in response to advisory jurisdiction under art. 143 held that judiciary can’t prescribe timelines for governors to act on bills. Governor powers under art 200

Answer 26

Original jurisdiction : Writ: 32 C/s: 131 Transfer: 139A Election dispute presi/ vice presi: 71 Appeal: Umbrella —132 Civil —133 Criminal —134 Extra ordinary appeal 136 Advisory 143(1)— pub imp 143(2)— pre constitution President inquiry about UPSC/SPSC—317 Plenary Review petition— 137 Curative petitions —142 (complete justice, gross miscarriage of justice (hurra vs hurra) Judicial precedence :141

Answer 27

Intro: democracy + ROL— envisages and Independent Judiciary Importance: Interpretation of Constitution Dispute resolution bw different institutions Check and balance SOP (dpsp—art50) Component 1. Inter and intra judiciary ( as a whole and as individual judges) 2. Conditions of service— charged expenditure 3. Power and jurisdiction ( legislation can only increase the power can’t diminish it) 4. Immunity and privilege of judges (art 121) 5. Contempt of court 6. Dpsp art 50 7. Jurisprudence: 4th Judge case : nullified NJAC and established Independence of Judiciary as BSD Impact: Central dig WF: accountability: -strict removal procedures, -judge’s inquiry Act, 1968 -Declaration of assets ( SC Resolution, 1997) — transparency: through NGO(SC observer , ADR ) — Judges can resign and bypass impeachment and investigative process (close this resignation loophole) Set clear timelines Conclusion: independent judiciary is not a privilege but right of every citizen to an unbiased arbitrator. Conclusion 2: Justice must not only be done it must seen to be done because public trust is the foundation of democracy which need to be balanced while delivering justice.

Answer 28

Art 124 : pres appoint SC/HC judges in consultation with collegium. CJI by seniority Evolution SP Gupta vd President of India( consultation not concurrence) SC AoR — Collegium introduced with primacy to CJI In Re President reference (3rd judge) — plurality principle— Collegium solidified 99th CA — NJAC SC AoR vs UOI (4th judge ) NJAC struck down IOJ BSD BP world: UK Independent Judicial appointment Commission BP India 1.Women empowerment: 1 women atleast in collegium regardless seniority ( need to increase to 50%) 2. Transparency :Collegium Details public ( need to increase ) Conclusion: Judiciary is torch bearer to Constitution hence can’t drive its own light from shadows there for the judicial appointments must be transparent, independent and based on public trust.

Answer 29

JR is a fxn of sop and c&b ensuring review of leg/ex actions to uphold constitutionalism , rule of law, absence of arbitration, predominance of legal spirit and equality before law. Sources: 1. Constitutional: Art 13 Art 32 Fr vs Fr ( art 19(1)(g) vs art 15) Fr vs DPSP ( art 39(b(c) > art 19, art 14) Art 226 Art 143 Art 131 Art 132-136 Art 246 ( VII schedule) SC doctrine Do severability Do Eclipse Do SOP Do IOJ Do pith and substances Etc Sc interpretation enhancing JR AK gopalan (process established by law to M Gandhi case( dpl amd ponj) Limitation: -CoM advise to president/ Gov - IXth Schedule before KB judgement - Delimitation order - legislative proceedings (122) - Judicial self restraint — ex same sex marriage Implications Central dig Complete justice 142 Federal — sr bomai Constitutionalism— BSD EVERYTHING FR, etc —Negative Legislation — judicial legislation (sop) — Vishakha guidelines — delayed reforms— stay order on UGC etc Executive — Judicial overreach— Diwali crackers — slow processes— env clearence Democratic mandate? — 4th judge case.

Answer 30

Intro: Judicial Activism is the theory of jurisprudence called sociological jurisprudence, which equips judiciary with wide range of legislative and executive powers.(Justice Katju) Component (Diagram) -ve) personal view of judges, breach of SOP +ve) RoL, creative innovation and interpretation of law Outcomes) 1. Env ( art 21) 2. FR ( sunil batra vs delhi admn) 3. Procedure relax — epistolary jurisdiction (letter), PIL Sources: Innovation of judiciary Impact Same as JR Adverse Policy matter —2G Role of speaker— MB/ Aadhar NJAC Aadhar CAG power define WF Judcial restrain : like in Right of same sex marriage Conclusion : don’t go in to territories of adventurism

Answer 31

Social action litigations in which locus standi is relaxed Source— 32/226, interest of public at large, larger for social and env case Imp: unnikrishnan, MC mehta , Olga tellis, Sunil Batra Implications + — public interest — Justice — Fr expansion — Leg reforms ( Vishakha guidelines leading to PoSH) — RoL Negetive: — Pvt justice (rivalry: contract) — symbolic — ( enforceability?) — SOP — Judicial populism Wf Balwant Chaufa case : cost on frivolous PIL Gurpal Singh vs Punjab : credentials of applicant’s must be checked. Only Friday hearing PIL cells Epistolary PIL limited

Answer 32

Intro: 42nd CA — 323A, 323B Cases: -SP Sampath Kumar vs UOI( jr bsd vant exclude HC jurisdiction) -L Chandarn Kumar ( tribunals can act as first court of hearings but HC can’t be excluded completely ) Issues: Independence less Inconsistent fxn Multiplicity and overlap ( appeals to HC) IoJ , JR Funds function functionaries Wf Simple Conclusion: Tribunals risk becoming other clogged cog in already clogged judicial system.

Answer 33

—GN act 2008 Issues— 1.Summary trials— plea bargaining but clearity not there 2. Vernacular lawyers? 3. Cases listed — delicate and do not demand summary trials(POCR, BONDED LABOUR) 4. Rest same FFF, Awareness Wf Nayadhikaris Awarenes Funds Monitoring

Answer 34

Intro: Sop attributed to Montesquieu is aimed at preventing concentration of power. In modern democracy it is operationalised by institutional check and balances Jurisprudence : Ram Jawaya kapoor vs PB — The Indian Constitution does not recognise the sop in strict sense but the functions has been sufficiently differentiated. Conclusion: According to IP Messy in contemporary times DoSOP is practiced as Do communities of power which cooperate and work together for betterment of the people.

Answer 35

Legislation SOP: 1. Courts cant inquire into legislative proceedings:: Art. 122 2. Legislation has power yo frame it’s own rules and regulations:: Art 118 Legislation checks and balances : A) Judiciary — Interstate water dispute- sC jurisdiction excluded- Art 262 — removal of judges) Judges inquiry Act. — power to punish for it’s contempt ) 105/194 — overturning judgement ( Champakkam Dorairajan vs St of TN overturned via 1st CAA) B) Exec — Do collective responsibility — process — statutory resolution, NCM — parliament committee — president impeachment (Art 61)

Answer 36

Judiciary SOP 1. Appt — 4th judges case (NJAC overturned) 2.own procedures 3. Contempt— 129/215 4. Expenditures non votable and charged upon CFI C and B 1. On legislation — JR — ADL : Kihoto Holloham vs Zachillhu ( speaker ltd JR ) — Sita Soren vs UoI : privileges and corruption. 2. On Exec — Ordinance : DC Wadhwa, Krishan kumar — pardoning powers: Shatrugan vs UOI and Shamsher Singh — Judicial Activism

Answer 37

Sop: 1- Appointments 2- Pleasure of presi and gov 3- Executive power (73- till UL) C&B: Legislative - 1 Ordinance — 123/213 2. Enactment of laws — Assent of presi amd gov — 111/200 3- procedures— summon, prorogue, dissolve 4. Delegated and subordinate legislation Judiciary 1. Appointment of judges 2. Pardoning powers 3. Immunities

Answer 38

Imtro: Kesavananda Bharti case , SR Bommai case SC ruled Federalism as BSD Body Legislative relations Executive relations Financial relations Way forward: 1st ARC : Inter state council (Art 263) NCRWC: Inter state trade and commerce commission. Executive : sarkaria and punchi Financial: Sarkaria To decrease centrally sponsored scheme and to increase state involvement and pilot projects before implementation Foster cooperative federalism Innovative Finance: green binds ppp

Answer 39

Chapter- XI 245: Territorial (DoTN) 246: subject division Javed vs Hr (PRI) Plenary powers ( St of WB vs UOI) Liberal and harmonious construction (ITC vs APMC) Ancillary powers Do Pith and Substances (Bombay vs Balsara / Kerala state electricity board vs Indian Aluminium co) (whole law not mere provision ) Do Colourable legislation 248: Residuary powers and 97th entry UL 249: RS resolution 250: DURING national emergency 252: States resolution 200: Gov reserving bills President assent for Inter state trade and commerce Electricity water taxation related 323A: tribunals by central law

Answer 40

Part-XI 256: Ex power : state ex power in compliance with Union laws And union exec power also includes giving directions to state 257: directives — Railways, Network(construction and maintenance)—> 365–>356 258: delegations with and without consent 258A states with consent 260: extra territorial 262: ISWD — by parli law

Answer 41

101st CA — GST ( gst council virtual vito of centre : 3/4th votes for majority but 1/3rd with centre) FCI — constituted by centre And recent revenue deficit grants being cut is seen as attack on fiscal stability by states Tied Grants Direct grants to LSG Vertical Imbalance: 41% devolution from divisible pool of taxes by 16th FCI despite demand for 50% Horizontal devolution : North vs South debate of taxes paid and funds received Compliance cost : EIA, WPA, EPA Major minerals under union list Fiscal Responsibility via FRBM act 3% of GSDP Market borrowing : State need central permission if indebted to centre. Central pool doesn’t contain cesses and surcharges (89% of gross tax revenue in 2014-2015 and 75to 80% only available now)

Answer 42

Art 280 , FCI — 16th under Dr Arvind Panagariya (2026-2031) President—//Cp+ 4 members For 5 yers Issues: 1. Change in criteria: Population share increased but demographic performance decreased (15–17.5% and 12.5% to 10%) 2. Cesses and surcharges (2013-2019~ 10% of gross tax collections now increased to 20-25% in 2021-2026) 3. GST contribution share to 10% 4. Vertical imbalance— 41% 5. Revenue deficit grants discontinued— Himachal pardesh demands for revival 6. FRBM : 3% Fd cap reinforced 7. Obsolete data :2011 census Positive Effects ✔ Encourages competitive federalism ✔ Promotes tax effort and reform ✔ Improves fiscal transparency ✔ Strengthens macroeconomic stability 1️⃣ Rationalise cesses and include them in divisible pool 2️⃣ Introduce calibrated, time-bound transition support for debt-heavy states 3️⃣ Shift from deficit-based grants to sectoral reform-linked grants 4️⃣ Differentiate fiscal targets based on debt levels 5️⃣ Strengthen State Finance Commissions to deepen fiscal decentralisation 6️⃣ Integrate climate vulnerability in horizontal devolution

Answer 43

-352 -Armed rebellion, external aggression, war - with in 1 month then 6 month FR — 19 immediately and (20,21 never) State of Mh vs Pandurang - Art 21 can’t be suspended in preventive detention. ADM Jabalpur (Art-21 can be stripped) — overturned in K.S. Puttaswamy vs UoI (21 can’t be overturned in emergency aswell)

Answer 44

Causes: 356 itself , 365(states duty to act on union directives) , 355( union duty to protect state from external and internal disturbances) Facts: -NCRWC(2002, report): 25 times misused It is judicially reviewable State of Rj vs UoI : president satisfaction if malafide is JR Rameshwar Parsad vs UoI— JR SR Bommai— JR WF Sarkaria Commission: use as last resort Written material facts SR Bommai: - Approval of emergency requires dissolution of SL — JR — burden of Proof on Union — Judiciary has power to declare 356 use unconstitutional and can reinstate dissolved assembly

Answer 45

Flexible and cooperative collaboration for better governance. Nature: horizontal collaboration Example: GST Council Disaster management Niti Ayog Befit: Balanced regional development Resources sharing Challenges Bureaucratic delays Coordination difficulties Power imbalances?

Answer 46

Where central and state government and state government within themselves compete for resources, investments and reforms. Nature : Horizontal and vertical Example: -EoDB rankings -state welfare programs — Punjab Industry and business development policy 2017. - attracting FDIs -Incentives to Industry Benefits: Efficiency Healthy competition Growth Shortcomings -Race to the bottom eg labour law dilution post covid 19 - weaker state may lag

Answer 47

Tense or adversarial relationship often due to centre overstepping into state domains. Nature Often vertical central dominance Eg -Abrogation of Art 370 - Governors role eg in TN and some times in Punjab - Central Farm laws Positive —Conflict may lead to clearity via jurisprudence : eg In Re governor’s Assent to bills 2025 —Can highlight state rights issue Negative Erodes trust Regionalism Secessionist tendencies

Answer 48

PRi is first line of Indian democracy, where policy meets people. Despite having constitutional mandate (73rd Caa) the often function as state agents rather than people representatives. Village communities are little republics , having everything they need within themselves. Charles Metcalf Indian LSG model has come a long way from CDM(1952) and NES (1953) to 73rd and 74th CAA. Yet xyz is required……… FC Total local bodies funds : 7.91 L Cr Rural local bodies: 4.3 L Cr Urban local bodies- 3.5 L cr

Answer 49

Lack devolution ( RBI - State of rural finance report , 75% states have not devolved 29 subjects) Overlapping powers (gp, ps, zp) Weak planning (Mopri-70% panchayat lack proper infrastructure for planning) Bureaucratic interference ( Dm, BDO) Wf 1. Clear fxn demarcation Eg - active mapping Kl, KN 2. Reviving Planning Mech ( Dist planning committee to be revived) 3. Technologies for decentralisation ( GIS , Asset tagging —Kn - Bhoomi project) 4. Awareness — (Brazil-porto alegre). 5. Participative budgeting.

Answer 50

1)Trained personnel shortage— 25% do not have full time functionaries. (BR-45%) 2)Lack of Admin Control — (Sarpanch don’t have effective control over panchayat secretaries) 3. Political interference— (Hijack of purpose — MGNREGA- Personal work) 4. Gender and caste bias — (proxy leadership) Wf. 1. Dedicated cadre — eg Denmark have one and OECD said there was 34% rural service delivery) 2. Capacity Building— eg RJ Panchayat training institution. (10k member/ year ) State institute of rural development punjab 3. Digital Governance: Andhra Pardesh — E Panchayat

Answer 51

1. Inadequate revenue generation : ( poor collection- Only 5% GP effective collection) , Freebie culture 2. Dependence : (85% dependence- FCI grants) 3. Lack of Financial autonomy 4. Corruption, leakage CAG(2021) — 1200 crore irregularities in UP PR Wf 1. Strengthening own source revenue— Kr property tax rationalisation (60% inc in tax collection) 2. Digital Governance— Andhra e-panchayat, DBT 3. Financial Autonomy — rural bonds (phillippines) 4. Financial Accountability — third party independent auditing.

Answer 52

Weak devolution— state inertia because of decreased powers if devolved Financial crunch( revenue collection 1% of GDP but developed countries 3-4%) Metropolitan Governance gap Delhi(NMDC, MCD, Contonment ) Wf 1. City government full autonomy— ( Bengaluru Metropolitan Government consolidation bill 2020) 2. Municipal bonds— poona municipal corporation— 200 crore 3. Smart city model — Indore/Surat-PPP- solid waste management

Answer 53

Issues: 1. Weak mayor system— ceremonial in many cities 2. Bureaucratic control— Municipal Commissioners 3. Capacity— over 35% staff vacancies- CAG 4. Corruption— Chennai 320 cr tender scam 5. Accountability— no dedicated investigation agency, FTC Wf 1. Strong Mayor system : NY, London mayors have executive powers 2. Capacity building — TN Municipal training institution, ( smart tech training ) 3. Financial Autonomy

Answer 54

1. Low revenue: ( Bombay collect 30% Property tax potential) 2. Municipal bonds underutilised — only 10% cities 3. Parallel agencies compromise autonomy— MPLAD, MLALAD Wf 1. Property tax reforms — SA Municipality —2.6% GDP from property tax. 2. M Bonds — pune 200 cr 3. Diversified revenue 4. Participative budgeting 5. Predictable devolution — eg 5% GDP of Brazil

Answer 55

CM Originated from British jurist George Grote and introduced in India by BR Ambedkar during constructional assembly debates. It emphasis on adhering to constitutional ethics over societal prejudices and traditional morality.

Polity Flashcards

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