Category: Polity

Here’s a table summarizing Article 370, its timeline, and its significance:

Timeline	Article Number	Significance
1947	Article 370	Introduced as part of the Indian Constitution to grant special autonomous status to the state of Jammu and Kashmir (J&K).
26 January 1950	Article 370	Came into effect; allowed J&K to have its own constitution, flag, and autonomy over internal matters except defense, foreign affairs, and communication.
1954	Article 35A	Added through a Presidential Order under Article 370, granting the J&K legislature powers to define “permanent residents” and their rights.
1987-1990	Article 370	Heightened insurgency in J&K intensified debates around the special status.
5 August 2019	Article 370	Revoked by the Government of India, ending the special autonomous status of J&K; J&K reorganized into two Union Territories (Jammu & Kashmir, and Ladakh).

This table covers key dates and highlights how Article 370 evolved, its legal provisions, and its eventual revocation.

Article 343 (1) of the Constitution of India states “The Official Language of the Union government shall be Hindi in Devanagari script.” Unless Parliament decided otherwise, the use of English for official purposes was to cease 15 years after the constitution came into effect, i.e. on 26 January 1965.

Absolute Majority

• Absolute Majority means a party having more than 50% of seat in the House of Parliament.
• That is Lok Sabha, absolute majority is 273 out of 545. That is more than 50% of seat.
• This term is used to the general election of Parliament and state legislature, during the selection of the ruling party.

Other types of Majority are Effective, Simple and Special Majority.

Corruption in Public life

Corruption is dishonesty and criminal offence done by a person or organization that is entrusted with a position of authority to acquire illegal benefits for one gain.

It has become a norm for people in India in all aspects of life to obtain power, influence and other political or personal gains through illegitimate ways.

More surprising is that there are no active measures taking place to curb this, even after the Constitution of India has many anti-corruption laws.

Effects of Corruption in Public Life

Corruption is found everywhere in the world and its negative effects are almost similar everywhere across the world. Some of the effects are:

• Increases inequality and poverty
• Affects foreign and domestic investment
• Affects law and order
• exploits public Investment
• Reduces the government revenue

Causes of Corruption

1. Poverty

Corruption along poverty happen the needs of the common man is not met. And the poor man engages in corrupt practices.

In India, there is poor remuneration and compensation in Government offices and in Industries that breeds unsatisfied and corrupt workers. These officials engage in illegal activities for money.

2. Corruption Acceptance by Common People

The people over time got convinced with corruption. If “Guy X” is corrupted and over time he does some good things, people accept them.

The public feels like there is nothing wrong with corruption, it is just part of it and happens everywhere and there is no need to react or agitate against it.

3. Failure of Government Institutions

The government institution and law enforcement agencies to meant to control the corruption in public life. But these institutions were often pressurized by Political parties, pressure groups, religion, caste groups etc.

This lead to inefficiency in their performance. And also slow legal justice delivery by the courts, creates opportunities for corrupt officers to find ways to escape from.

4. Greed

The greed of the common person, rich, government official, politician etc, everyone has the desire to gain and acquire wealth. The Politician, Top Government official, Rich people has vast power and influence to acquire wealth by corruption.

The greed mostly affects the marginalized people such as Daily wagers, Tribal people, Slum dwellers etc.

5. Disbelief in Law

Most people have disbelief in the law of the nation due to its slow nature in dealing the various issues. This made people have no fear over the law, court, police, or the government.

This feeling has encouraged them to commit corruption and they were not guilty of doing it again and again.

How to Overcome Corruption

• Expose the corrupt activities.
• Select the people in the election, irrespective of their caste, religion, race, language, gender etc.
• Do not encourage dishonest practices.
• Make the public sector employees to work at own pace and do not offer any gifts in favor of them for doing the your job quickly.

History of Local Governments in India

Below is a simplified table summarizing the History of Local Governments in India:

Period	Key Developments	Notable Features
Ancient Period	Village Panchayats were prominent.	Local self-governance through assemblies like Sabhas and Samitis. The village was the basic unit of administration.
Medieval Period	Local governance declined under feudal systems but continued in villages to some extent.	Revenue administration dominated by landlords and nobles. Limited self-rule in rural areas.
British Era	Beginning of modern local governance structures.	– 1687: Madras Municipal Corporation established. – 1882: Lord Ripon’s Resolution introduced local self-governance and elections. – Local boards for urban and rural areas created.
Post-Independence	Strengthened the foundation for decentralized governance.	– 1950: Constitution recognized Panchayati Raj and local bodies as state responsibilities. – Urban governance through municipalities emphasized.
1973 – 74	73rd and 74th Constitutional Amendments (1992) institutionalized local governments.	– Introduced three-tier Panchayati Raj system for rural areas. – Mandated elections for urban local bodies. – Reserved seats for women and marginalized communities.
Contemporary Era	Local governance expanded with increased responsibilities and financial powers.	– Devolution of funds, functions, and functionaries to local governments. – Focus on e-governance, participatory democracy, and inclusive development.

This table outlines the transition of local governments in India from informal village assemblies to formalized structures enshrined in the Constitution.

73rd constitutional amendment

The 73rd Constitutional Amendment Act, a watershed moment in Indian governance, transformed the landscape of rural administration by introducing significant changes in the Panchayati Raj system. Aspirants preparing for the UPSC (Union Public Service Commission) examinations need a comprehensive understanding of this amendment, its provisions, and its impact on local self-governance. In this blog post, we will delve into the intricacies of the 73rd Constitutional Amendment, exploring its historical context, key features, and its relevance for UPSC aspirants.

Historical Context:

The early 1990s marked a pivotal juncture in Indian politics, with a growing realization of the need to decentralize governance and empower local communities. The 73rd Amendment, enacted in 1992, was a response to this need, reflecting a commitment to democratize rural administration and foster participatory decision-making.

Panchayat and municipality upsc

Key Provisions of the 73rd Amendment:

1. Three-Tier Structure:
   • The amendment introduced a three-tier structure for Panchayati Raj institutions, comprising Gram Panchayats at the village level, Panchayat Samitis at the block level, and Zila Parishads at the district level. This tiered structure aimed to bring governance closer to the people.
2. Reservation of Seats:
   • To ensure social justice and inclusive representation, the amendment mandated the reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women in Panchayats. This was a proactive measure to address historical marginalization and promote equitable participation.
3. Women’s Empowerment:
   • One of the groundbreaking provisions was the reservation of not less than one-third of the total seats for women, both in reserved and general categories. This aimed at addressing the gender gap in governance and fostering women’s active participation in decision-making.
4. Direct Elections:
   • Members of Panchayats are to be elected directly by the people of the respective constituencies, ensuring a democratic process and direct accountability to the electorate.
5. State Election Commissions:
   • The amendment paved the way for the establishment of State Election Commissions, ensuring fair and impartial conduct of Panchayat elections.
6. Finance Commission:
   • It empowered the Finance Commission to recommend principles for the distribution of finances between the State and the Panchayats, providing financial autonomy to the local bodies.
7. Devolution of Powers:
   • The 73rd Amendment sought to decentralize powers, entrusting Panchayats with responsibilities related to planning and implementation of developmental activities.

Impact and Relevance for UPSC Aspirants:

1. Decentralized Governance:
   • Understanding the provisions of the 73rd Amendment is crucial for aspirants as it represents a landmark effort towards decentralized governance. Questions related to the impact on local administration and its implications for grassroots democracy are common in UPSC exams.
2. Social Justice and Inclusion:
   • The reservation of seats for marginalized communities and women is a significant aspect that aspirants should be well-versed in. Questions may explore the impact of these provisions on social justice and inclusivity.
3. Decentralized Planning and Development:
   • Aspirants should comprehend how the amendment encourages decentralized planning, empowering local bodies to formulate plans and budgets aligned with the developmental needs of their communities.
4. Challenges and Criticisms:
   • It is essential for aspirants to critically analyze the challenges and criticisms associated with the implementation of the 73rd Amendment. This may involve understanding issues such as effective devolution of powers, financial constraints, and administrative capacity at the local level.

Conclusion:

In conclusion, the 73rd Constitutional Amendment stands as a testament to India’s commitment to democratic decentralization and grassroots empowerment. For UPSC aspirants, a nuanced understanding of this amendment is indispensable. Beyond rote memorization, aspirants should be able to critically analyze its impact, evaluate its successes and challenges, and appreciate its role in shaping the trajectory of rural governance in India. The 73rd Amendment is not just a constitutional provision but a transformative force that has redefined the dynamics of local self-governance, making it a crucial topic for UPSC preparation.

The Mehta Committee suggested that the administration should be decentralized and the administration should be set under the power of local bodies.

Also, the community development blocks should be devised as a decisive democratic section with an elected Panchayat Union to operate as a block of developmental exercise in the area. The committee also recommended the creation of District Development Councils (Zila Parishad) at the district level.

This Zila Parishad should have all the Presidents of the Panchayat Unions (Samities), MLA, and MP including district level officers of the Public Health, agriculture, veterinary, and education departments as members and the collectors as the chairman.

The district body is only an advisory body. Mehta Committee was welcomed and Panchayat Raj legislation was enacted in the 1960s. About 90% of the country was covered by the Panchayati Raj bodies.

The union government formed a committee in 1977 and put Ashoka Mehta as the chairman to work on the measures to strengthen the Panchayati Bodies. The Ashoka Mehta, the committee recommended that the Panchayati Raj should be local government selected in a democratic way that should work on developmental, regulatory, and municipal functions.

The committee suggested setting District Panchayat also called Zilla Parishad as the directly elected body. As a temporary composition, the committee suggested the preservation of the Panchayat union at the block level.

Not as a unit of local self-government but as a chosen middle-level post arm for the District Development Council. Mehta committee presented its opinion in 1978, which was accepted and motivated various states to add relevant reforms in their Panchayat Acts such as Karnataka, Maharastra, Andra Pradesh, West Bengal, and Gujarat.

Some committees were established between 1978 and 1986, to strengthen the local self-government systems such as C.H.Hanumantha Rao Committee, G.V.K Rao Committee, and L.M.Singhvi Committee. 

The barely lesser revision was proposed by these committees from the Ashok Mehta committee. The next landmark was the presentation of the 64th and 65th constitutional Amendment Bills, in July 1989 by the Rajiv Gandhi Government.

These amendments could not be passed in the Council of states (Rajya Sabha). Following several efforts, in 1992 including significant opinions of earlier studies on this matter, the state drafted and presented in the 73rd and 74th constitutional Amendment bills in Parliament in 1992.

It was enacted by the Indian Parliament in 1993. The 73rd and 74th constitutional Amendments proposed new part IX and IXA in the Indian Consitution comprising Articles 243 to 243 ZG.part IX and IXA in the Indian Consitution comprising Articles 243 to 243 ZG.

Discretionary power of President and Governor

Discretionary power of President

Constitutionally, the President of India has the right to be informed of all vital issues and deliberations of the Council of Ministers. The Prime Minister is Obliged to furnish all the details that the President of India may ask for.

The President of India often writes the Prime Minister and expresses his/her view on the matters that confront the country.

Apart from the above things, there are three situations where the President can exercise the power using his/her own discretion.

First Discretion Power

The President can send back the advice given by the Council of Ministers and also ask the council to reconsider their decisions. By doing so, the President acts on his/her own discretion.

This is done when the President feels that the advice has some flaws or legal lacunae or thinks that their advice might not good for the best interest of the country. In these cases, the President can ask the Council to reconsider their decisions.

But the council can still send back the same advice. Then the President would be bound by that advice and such request by the President to reverse the decision would carry a lot of weight.

Second Discretion Power

Every bill passed by the Parliament of India goes to the President for assent before it becomes law. The President has veto power by which the President can withhold or refuse to give assent to bills passed by the parliament other than the money bills.

The President of India can send back the bill to the Parliament to reconsider it. But this ‘Veto Power’ is limited. This is because if the Parliament passes the same bill again and sends it to the President of India.

Then the President has to give his/her assent to the bill. But there is no mention in the Constitution of India about the time limit within which the President must send the bill back for reconsideration.

This gives the President the power, to keep the bill pending with him without any time limit. Due to this, the President has the informal power to use the veto in a very effective manner. This is also referred to as ‘Pocket Veto’.

Third Discretion Power

The third discretion power arises from political circumstances. Formally, the President appoints the Prime Minister. Usually, the leader of the majority in Lok Sabha is appointed as Prime Minister. Here there is no discretion that arises.

But when there is a situation, where there is no leader has a clear majority. Now the President decides whom to appoint as the Prime Minister.

In such situation the President has to use his own discretion in who has the support of majority or who can run the government.

Governors Discretion Power

Also at state level, a similar parliamentary executive exists with some difference or variances. Of these, most important variation is Governor of the state.

Governor of the state is appointed by the President on the advice of the central government. The governor has more discretionary powers.