BPSC 102
CONSTITUTIONAL GOVERNMENT AND DEMOCRACY IN INDIA
IGNOU BPSC 102 Solved Free Assignment
BPSC 102 Solved Free Assignment July 2023 & January 2024
Assignment i
Q. 1. Elaborate upon the key characteristic features of Fundamental Rights.
Ans. The fundamental rights provided in part III of the Constitution are justiciable, which means in case of violation of these rights, the citizens can go to courts for enforcement of these rights.
The rights as such are constitutional guarantees. These can be infringed only to the extent provided by the Constitution itself or under conditions of emergency.
Originally, the Fundamental rights were provided under seven categories. In 1978, through 44th amendment of the Constitution, one right that is right to property, was deleted from the chapter on rights.
Now there are six categories of Fundamental Rights. These are listed below:
(i) Right to Equality: Articles 14 to 18 guarantee equality before law, of opportunity, dignity and status. IGNOU BPSC 102 Solved Free Assignment
(ii) Right to Freedom: Articles 19 to 22 grant various types of freedoms to persons.
(iii) Right against Exploitation: Articles 23 and 24 provide Right against Exploitation. This right assures guarantee against ‘traffic in human beings’, forced labour, begging, etc. Article 24 protects children below the age of 14 from employment in factories, mines, and other hazardous jobs.
(iv) Right to Freedom of Religion: Articles 25 to 28 have provisions relating to the freedom of religion.
(v) Cultural and Educational Rights: Articles 29 and 30 protect the interest of minorities in terms of their traditions and languages.
(vi) Right to Constitutional Remedies: Article 32 gives right to persons to appeal to courts- both Supreme Court and High Court – in cases of violation of any right. The Courts have been given powers to enforce Rights by appropriate remedies.
SALIENT FEATURES OF FUNDAMENTAL RIGHTS
The following are the key features of Fundamental Rights:
(i) All are equal before the law: It means that all citizens have equal right to freedom of religion, assembly, association and movement. No one is to be deprived of his life, liberty or property, except as per the law.
(ii) Fundamental Rights protect individuals and minority groups from arbitrary, prejudicial and state action. Minorities have right to protect and conserve their language, script and culture. IGNOU BPSC 102 Solved Free Assignment
Under Article 15(2), no citizen shall suffer any disability in the use of shops, restaurants, wells, roads and other public places because of his religion, race, caste, sex, or place of birth. Article 17 abolishes untouchability. Article 23 bans forced labour.
(iii) The citizens can move the Supreme Court and other courts for the enforcement of the Fundamental Rights. Two different mecha-nisms for the enforcement of Fundamental Rights are: judicial review and writs against a public authority violating a person’s rights. Article 32 prescribes these provisions.
(iv) The Fundamental Rights are legal as well as natural.
Q. 2. Discuss the different types of emergencies in the Indian Constitution.
Ans. The President of India has the power to declare emergency with the advice of the Council of Ministers.
All activities are conducted in the name of the President during emergency, but the Prime Minister or the central government exercises the powers in practice.
The constitution has provisions for three kinds of emergency and each of them is declared on different grounds. IGNOU BPSC 102 Solved Free Assignment
The provisions are: national emergency, state emergency and financial emergency.
National Emergency (Art. 352)
Under Article 352 A, the President can declare emergency in the country during war, external aggression, internal disturbances or armed rebellion in whole of India or any part of it.
The 44th Constitutional Amendment substituted the phrase ‘internal distur-bance’ with “armed rebellion”.
The President acts after receiving a written communication about cabinet’s decision in favour of emergency, and after satisfying himself about prevalence of the situations just mentioned above.
Articles 358 and 359 empower the President to suspend Fundamental Rights except in respect to Article 20 (right to protection in respect to conviction for offences) and Article 21 (right to life and personal liberty).
During such emergency the central government’s powers extends to the jurisdiction of legislatures and executives in the states.
According to Article 353, the Centre gives direction to the states the way executive power should be exercised.IGNOU BPSC 102 Solved Free Assignment
Parliament has power to make laws which are not mentioned in the Union List. These also include matters listed in the State List (Art. 250).
During the emergency, the President has constitutional power to change the provisions of the constitution relating to the allocation of financial resources between the Union and the States (Art. 253).
The proclamation of such emergency has to be presented before each House of Parliament for approval.
It will cease to operate in both houses of Parliament do not approve the proclamation at the expiry of one month from the date of proclamation.
If during such proclamation, the Lok Sabha has been dissolved or its dissolution happens within one month after the proclamation, and if the resolution has been by before the Rajya Sabha but has not been passed by the lower House, the proclamation will cease to operate on the expiration of thirty days from the date when the house first met after it was reconstituted.
However, the condition of expiration of thirty days does not apply if a resolution to this effect is passed by both Houses of Parliament.
If approved by both Houses of Parliament, the proclamation will cease to exist after expiration of six month from the date of proclamation, but the emergency can be extended for another six months. IGNOU BPSC 102 Solved Free Assignment
A resolution for proclamation of emergency must be approved by a majority of total number of members of a House and not less than two-third of the members present in the House and voting.
Besides, if the lower house passes a resolution disapproving the proclamation or its continuance, it shall be invalidated.
Even if notice of a resolution signed by not less than one-tenth of the total members is given to the President or Lok Sabha Speaker, a special sitting of the House should be held within fourteen days to discuss and consider it.
The Constitution has a provision of judicial review which means the judiciary has power to interpret the constitution and declare any law or order passed by legislature or judiciary void which conflicts with the constitutional provisions.
The 42nd Constitutional Amendment in 1976 removed the proclamation of emergency and curb on fundamental rights from the purview of judicial review.
However, provision for its judicial review was restored by the 44th Amendment Act in 1978.IGNOU BPSC 102 Solved Free Assignment
Since Independence, national emergency has been declared three times. It was declared for the first time during Indo-China War from 26 October, 1962 to 10 January, 1968.
Second time was during Indo-Pak war, from 3 December, 1971 to 21 March, 1977. And the third instance was during 25 June, 1975 and terminated on 21 March, 1977.
The first two instances were due to wars with other countries. In the third instance, the reason given by the central government was internal disturbances. State Emergency (Art. 356)
The constitution empowers the President to impose state emergency, also known as President’s rule, if he is satisfied with the report of the Governor that there is break down of constitutional machinery in the state.
This is also called central rule in the states. President’s rule is declared on the following grounds: If the State Legislature fails to elect a leader as Chief Minister; Breakdown of the coalition; If the elections are not conducted because of imminent reasons; and Loss of majority in the assembly.
This emergency is imposed by the President, but the Governor of the state acts as representative of the centre. The President through the Governor exercises legislative and executive powers.IGNOU BPSC 102 Solved Free Assignment
Financial Emergency (Art. 360)
Article 360 empowers the President to declare financial emergency when there is financial instability in the country or any part of it. This emergency has not been imposed so far in India.
Such a proclamation of financial emergency must be approved by the Parliament within two months of promulgation.
In case, the lower house is dissolved at the time of proclamation of financial emergency, it will cease to exist on expiry of thirty days from the date of its first meeting after its reconstitution.
During financial emergency, the President can reduce the salaries of all government officials, including Supreme Court and High Court judges.
Under such circumstances, even money bills and other bills under Article 207 passed by the State Legislatures need to be submitted to the President for the approval.
Assignment-II
Q. 1. What is the meaning and significance of the Preamble?
Ans. The Preamble contains the ideals and aspirations of the constitution-framers. It is a key to the Constitution which aims at giving a real socialistic and democratic shape to Indian society in which equality and justice will always prevail.
The nature and character of the Constitution of India and the political system of the country are easily understood by reading the Preamble.
The Preamble cannot be enforced by the court of law, but it helps and enables the court to explain and interpret constitutional provision.
In Keshavananda Bharati Case, Justice Shikri annotated that the Preamble is “of extreme importance and Constitution should be read and interpreted in the light of grand and noble vision expressed in the Preamble.”
The Court also observed that “the edifice of our Constitution is based upon the basic elements mentioned in the Preamble.”IGNOU BPSC 102 Solved Free Assignment
The Supreme Court’s observation on the value and importance of the Preamble in Atma Prakash’s Case, 1986, as quoted below, illuminates and makes it clear that the Preamble to the Constitution of India is not a collection of useless rhetoric: “Whether it is the Consti-tution that is expounded or the constitutional validity of a statute that is considered a cardinal rule is to look to the Preamble to the Constitution as the guiding light and to the Directive Principles of State Policy as the Book of Interpretation.
The Preamble embodies and expresses the hopes and aspirations of the people. What people of independent India expect from the State of India or the Government of India has been unequivocally expressed in the Preamble to the Constitution.
The Directive Principles set approximate goals. When it is the task of examining statutes against the Constitution, it is through these glasses that the Court must look, “distinct vision or near-vision”.
Q. 2. Examine the importance of the division of powers for a federal polity.
Ans. For implementing the principle of separation of power in a federal government, the federating states enter an agreement and create a national state and the instruments in the form of laws by which their relations are governed.
The exact line drawn to separate the matters of common concern to the whole federation varies depending on the views of those who enter into the agreement as regards the relative functions of the federating states and the national government.
It also depends upon the view adopted by the federating states as to what matters in their actual circumstances, geographical, economic, social or what, really matters of common concern are. After the demarcation is made, its maintenance is the essence of federalism.IGNOU BPSC 102 Solved Free Assignment
The peculiar political conditions under which the federation comes into existence determines the scheme of distribution of powers.
For example, in the United States of America when the sovereign states came to form a federation, they wanted not to surrender an unlimited area of power to the new national government.
They were reluctant to leave the residue powers to it. Thus, there is only one list containing the powers of the national government, and the residue remains with the units.
In Canada, when federation was formed, the Canadians had before them the example of the working of the American Constitution: The American constitution suggested that the Unions must have more powers.
The Canadian Constitution adopted different scheme. The matters with respect to which the national government and provinces are competent to legislate are enumerated in two sections and the residual powers were left to the Dominion Parliament.
The Australian Constitution makers were mostly influenced by the American Constitution. IGNOU BPSC 102 Solved Free Assignment
They adopted only one list which enumerated the powers surrendered by the states to the national government and the residue was left to the states.
Mahatma Gandhi’s view was there would be layers of powers starting from the village-panchayat and then proceeding up- to-the national level.
The British Indian Constitution Act of 1935 distributed the legislative powers in three lists – Federal, Provincial and the Concurrent and the residue powers were given to the Governor-General to be assigned by him either to the Central government or the provinces.
Then the Hindus favoured a strong Centre while the Muslims favoured strong provinces.
In each federation, the distribution of powers reflects in the nature and character of the policy agreed upon by those who were responsible for drawing up the Constitution.IGNOU BPSC 102 Solved Free Assignment
However, whatever may be the variations in the distribution of legislative powers, there is a distribution of legislative powers and this distribution determines the distribution of executive authority.
Q. 3. Explain the functions and jurisdiction of the Supreme Court.
Ans. Article 141 states that the Supreme Court ruling shall be binding on all courts within the territory of India.
The jurisdiction of the Supreme Court can be divided into following categories: (i) Original Jurisdiction, (ii) Appellate Jurisdiction, (iii) Advisory Jurisdiction, and (iv) Review Jurisdiction.
(i) Original Jurisdiction: Article 131 empowers the Supreme Court with exclusive jurisdiction to hear a dispute between the Union and a State or between one State and another, or between a group of States and others.
An exclusive jurisdiction means that no other court in India has the power to entertain such disputes. IGNOU BPSC 102 Solved Free Assignment
Similarly, the original jurisdiction of the Supreme Court means that the parties to the dispute should be units of the federation.
Unlike the Supreme Courts in Australia and the United States, the Supreme Court of India does not have original jurisdiction to decide disputes between residents of different states or those between a State and the resident of another State.
The Supreme Court’s power to protect the Fundamental Rights also comes under its original jurisdiction.
Article 32 gives the citizens right to move the Supreme Court directly for the enforcement of any of the fundamental rights enumerated in Part III of the Constitution.
The Supreme Court can issue writs like: Habeas Corpus, Quo Warranto, Prohibition, Certiorari and Mandamus.
The court issues Habeas Corpus to bring before it a person from illegal custody. The court decides the legality of detention and orders release of the person if the detention is illegal.
By issuing Mandamus, the court can order the public officials to perform their legal duties.IGNOU BPSC 102 Solved Free Assignment
Prohibition is used to prevent a court or tribunal from doing something in excess of its authority. By using Certiorari, the court can strike off an order passed by any official of the government, local body or a statutory body.
Quo warranto is issued to a person who authorised occupies a public office to step down from that office. Besides, the Supreme Court can issue appropriate directions and orders to the executive.
(ii) Appellate Jurisdiction: The Supreme Court is the highest court of appeal in the country.
It has comprehensive appellant jurisdiction in cases involving constitutional issues; civil and criminal cases involving specified threshold values of the property or a death sentence and wide-ranging powers of special appeals.
According to Article 132, an appeal can be made in the Supreme Court from any judgement or final order of a court in civil, criminal or other proceedings of a High Court if it involves a substantial question of law.
The appeal again depends upon whether the High Court certifies, and if does not, the Supreme Court may grant special leave to appeal.
Under Article 133, an appeal can be made in civil cases in the Supreme Court from any judgement, order or civil proceedings of a High Court.
This appeal may be made, if the case involves a substantial question of law of general importance or if in the opinion of the High Court the said question needs to be decided by the Supreme Court.IGNOU BPSC 102 Solved Free Assignment
Article 134 provides the Supreme Court with appellate jurisdiction in criminal matters from any judgement, final order, or sentence of a High Court.
This jurisdiction can be invoked only in three types of cases:
(a) If the High Court on appeal reverses an order of acquittal of an accused person and sentenced to death;
(b) If the High Court has withdrawn for trial before any case from any Court subordinate to its authority and has in such a trial convicted the accused person and sentenced him to death;
(c) If the High Court certifies that the case is fit for appeal to the Supreme Court.
The Supreme Court also has the power to grant, in its discretion, special leave appeal from any judgement, decree sentence or order in any case or matter passed or made by any court or tribunal.
(iii) Advisory Jurisdiction: The Supreme Court also offers advises on any question of fact or law that may be referred to it by the President.
This role of the Supreme Court differs from the ordinary adjudication in three senses: first, it does not involve any litigation between two parties; second, the opinion of the Court is not binding on the government; and finally, it is not a judgement of the court and thus not executable.
The advisory opinion of the Supreme Court helps the executive to arrive at a sound decision on important issues.IGNOU BPSC 102 Solved Free Assignment
(iv) Review Jurisdiction: The Supreme Court has the power to review any of its judgement or order. Besides interpreting the Constitution, the Supreme Court functions as the court of appeal in civil and criminal cases.
It can entertain appeals without any limitation upon its discretion from the decisions not only of any court but also of any tribunal in the country.
However, the Supreme Court abides by the Constitution and depends on the continuation of these powers on the Union legislature.
Besides, the powers of the Supreme Court can also be suspended or superseded when emergency is declared in the country.
Assignment-III
Q. 1. How can we categorise the Directive Principles of State Policy?
Ans. Durga Das Basu divides the Directive Principles of State Policy into three categories: IGNOU BPSC 102 Solved Free Assignment
(i) Some ideals, especially economic, that the members of the Constituent Assembly expected the state to achieve.
(ii) Certain directions to the Legislatures and the Executive which they were expected to follow for exercising their powers.
(iii) Certain rights were not be enforceable by the Courts like the Fundamental Rights, but which could be implemented by the state through it legislative and administrative policies.
Besides the articles mentioned in Part IV of the constitution, some other articles enjoin on the state the task to make certain policies for people and non-justiciable in nature. Articles 335, 350A and 351 come under this category.
Q. 2. What are the powers of the Speaker of the Lok Sabha?
Ans. The position of the Speaker of the Lok Sabha is more or less similar to the Speaker of the English House of Commons.
The Speaker conducts the proceedings of the house, maintains order and decorum in the house and decides points of order, interprets and applies rules of the house. His decision is final in all such matters.
The Speaker certifies whether a bill is money bill or not and he also authenticates that the house has passed the bill before it is presented to the other House or the President of India for his assent.IGNOU BPSC 102 Solved Free Assignment
In consultation with the leader of the house, the Speaker determines the order of business. He also decides on the acceptability of questions, motions and resolutions.
The Speaker does not vote in the first instance but can exercise a casting vote in case of a tie. The Speaker appoints the chairpersons of all the Committees of the House and exercises control over the Secretarial staff of the house.
The Speaker works in an impartial manner without any affiliation to any party. He is the guardian of the rights and privileges of the members.
The Speaker ensures an orderly and efficient conduct of the proceedings of the Lok Sabha.
Q. 3. What are the recommendations of the Sarkaria Commission?
Ans. Sarkaria commission, appointed by the central government in June 1983 to review the scope and working of constitutional provisions on centre-state relations, made 312 recommendations in its report submitted in 2010.
On Article 356, the Sarkaria Commission recommended that the article should be used very sparingly and as a matter of last resort.
It can be invoked only in the event of political crisis, internal subversion, physical breakdown and non-compliance with the constitutional directives of the centre.
Before that, a warning should be issued to the errant state in specific terms and alternate course of action must be explored before invoking it.
The material fact and grounds on the basis of which this article is invoked should be made an integral part of the Proclamation; it will ensure effective Parliamentary control over the invocation of the President Rule.
On its recommen-dation, the Inter-State council was established in 1990 and it has considered its recommendations.IGNOU BPSC 102 Solved Free Assignment
On the Constitution, its recommendations included: the Union should occupy only that much field of a concurrent subject on which uniformity of Policy and Action is required in the larger interest of the Nation, leaving the rest of the details for State action, within the abroad frame-work of the Policy laid down in the Union Law.
Whenever, the Union proposes to undertake Legislation on a subject belonging to the Concurrent List, the States’ views must be ascertained through inter-Governmental Councils.
Parliamentary law passed under clauses (1) of Article 252, on request of two or more States should not be perpetual but should be for specific period not exceeding three years.
On receipt of a resolution from a State recommending creation or abolition of a Legislative Council, the same will be presented before the Parliament within a reasonable time.
It also a constitutional amendment to make corporation tax sharable between the Union and the States, and amendment to the Inter-State River Water Dispute for making it necessary for Union government to constitute a tribunal.
The tribunal was to be constituted within one year of receipt of an application from a State and to make the award of the tribunal effective within five years.
Q. 4. Discuss the special powers and functions of the Rajya Sabha.
Ans. Rajya Sabha being a federal chamber enjoys certain special powers under the Constitution. IGNOU BPSC 102 Solved Free Assignment
All the subjects/areas regarding legislation have been divided into three Lists – Union List, State List and concurrent List.
Union and State Lists are mutually exclusive – one cannot legislate on a matter placed in the sphere of the other.
However, if Rajya Sabha passes a resolution by a majority of not less than two-thirds of members present and voting saying that it is “necessary or expedient in the national interest” that Parliament should make a law on a matter enumerated in the State List, Parliament becomes empowered to make a law on the subject specified in the resolution, for the whole or any part of the territory of India.
Such a resolution remains in force for a maximum period of one year but this period can be extended by one year at a time by passing a similar resolution further.
If Rajya Sabha passes a resolution by a majority of not less than two-thirds of the members present and voting declaring that it is necessary or expedient in the national interest to create one or more All India Services common to the Union and the States, Parliament becomes empowered to create by law such services.
Under the Constitution, the President is empowered to issue Proclamations in the event of national emergency, in the event of failure of constitutional machinery in a State, or in the case of financial emergency.
Every such proclamation has to be approved by both Houses of Parliament within a stipulated period. Under certain circumstances, however, Rajya Sabha enjoys special powers in this regard.IGNOU BPSC 102 Solved Free Assignment
If a Proclamation is issued at a time when Lok Sabha has been dissolved or the dissolution of Lok Sabha takes place within the period allowed for its approval, then the proclamation remains effective, if the resolution approving it is passed by Rajya Sabha within the period specified in the Constitution under Articles 352, 356 and 360.
Q. 5. Describe the structure of Local Self-Government in rural India.
Ans. Local self-government has a long history. The village autonomy was significant during Mughal rule. The formal structure of the rural self-government was however introduced in 1882 during the British India.
Its main purpose was to provide the institutional backing of the local Indian elites to the colonial administration. Present local self-government in India can be deemed as more a continuation of the system introduced by British.
In 1907, according to the recommendations of the Royal Commission of Decentralisation, the local self government in the rural areas known as the village panchayat was set up in the villages.
The aim was to decentralise the power and link the people with local administration through the institutions of village panchayats.
The village panchayat had certain Judicial and administrative power and was entitled to a portion of land cesses and special grants.
The Rural Self-government Bill 1925 provided for a nine-member village authority elected on the basis of the restricted adult franchise.
A successful village authority was to be given more power. A panchayat could include more than one village and could be entrusted with certain functions like water supply, medical relief and sanitation.
IGNOU BPSC 101 Solved Free Assignment 2023-24