Indian Political System Assignment-2024 (MA 1st Semester)- KKHSOU: Key Concepts and Insights

Question 1. Write a note on the Basic Structure of the Indian Constitution.
Answer :📗 (in 669 words)

Introduction :
The Indian Constitution, adopted on January 26, 1950, is one of the longest and most detailed constitutions in the world. It provides a comprehensive framework for the governance of the country, defining the roles, responsibilities, and relationships between the different organs of government, as well as between the government and its citizens. One of the most significant features of the Constitution is the doctrine of the "Basic Structure," a concept that ensures the Constitution's fundamental principles remain intact, regardless of amendments made over time.

Origin of the Basic Structure Doctrine :
The concept of the Basic Structure Doctrine was first articulated by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973). In this case, the Supreme Court ruled that while Parliament has wide powers to amend the Constitution under Article 368, it cannot alter or destroy its "basic structure." The idea behind this doctrine is to preserve the essence and core values of the Constitution, even as amendments are made to address changing circumstances.

Key Elements of the Basic Structure :
While the Constitution does not explicitly define the "basic structure," the Supreme Court, in various rulings, has identified several key elements that form the core of India's constitutional framework. Some of the essential features include:

1. Sovereign, Democratic, and Republic Nature of the State :
The Constitution establishes India as a sovereign, democratic republic, with a government that derives its authority from the will of the people. This foundational principle cannot be altered through amendments.

2. Separation of Powers :
The doctrine of separation of powers, which ensures that the three branches of government—Executive, Legislature, and Judiciary—function independently and do not encroach upon each other's domain, is also a fundamental part of the basic structure.

3. Judicial Review :
The power of judicial review, which allows the judiciary to examine the constitutionality of laws and government actions, is a key safeguard against arbitrary governance and is considered an essential part of the Constitution's basic structure.

4. Federalism :
The federal nature of the Indian Union, characterized by a division of powers between the central government and states, is an important feature of the Constitution. Any attempt to alter this structure to make India a unitary state would be in violation of the basic structure.

5. Fundamental Rights :
The inclusion of Fundamental Rights (Part III of the Constitution) is central to the Constitution’s commitment to individual liberty, equality, and justice. Any amendment that seeks to reduce or negate these rights would undermine the basic structure of the Constitution.

6. Rule of Law :
The Constitution guarantees that the law applies equally to all individuals and that no one is above the law. This principle of legal equality is another vital element of the basic structure.

7. Parliamentary System of Government :
The Constitution provides for a parliamentary system of government, where the executive is drawn from the legislature and remains accountable to it. Any attempt to change this system to a presidential form of government would be in violation of the basic structure doctrine.

Importance and Implications :
The Basic Structure Doctrine serves as a safeguard against arbitrary amendments that could alter the Constitution’s essential features. It limits the power of Parliament in the process of constitutional amendments, ensuring that any changes do not disturb the fundamental principles upon which the nation’s legal and political system is based.

By upholding the basic structure, the judiciary acts as a guardian of constitutional integrity, preventing any actions that could undermine the foundational values of democracy, justice, and equality. This balance between the power of Parliament to amend the Constitution and the judiciary’s role in protecting its core features is essential for the stability and evolution of India’s democratic system.

Conclusion :
The Basic Structure Doctrine is a critical judicial innovation that ensures the Constitution’s core values and principles remain intact amidst the changing socio-political landscape of India. It acts as a protective mechanism, ensuring that the basic framework of governance is not undermined by political forces or amendments, thus safeguarding the constitutional order and democratic ethos of the Indian Republic.

References :

Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225.
M. P. Jain, Indian Constitutional Law, 8th Edition, Lexis Nexis, 2018.
H. M. Seervai, Constitutional Law of India, 4th Edition, Vol. 1, Tripathi, 2002.

Question 2. Discuss the law making procedure in the Indian Parliament.
Answer :📗 (in 887 words)

Introduction :

The Indian Parliament, as the supreme legislative body in the country, plays a crucial role in the formulation of laws that govern the nation. The law-making process in India is a detailed and systematic procedure laid down in the Constitution of India. It involves the introduction, debate, and passage of a proposed law (known as a "Bill") through both houses of Parliament—the Lok Sabha (the House of the People) and the Rajya Sabha (the Council of States). This process ensures that proposed laws are scrutinized thoroughly, and only those that serve the public interest and adhere to constitutional principles are enacted.

Stages in the Law-Making Process :
The process of making laws in India involves several stages, from the introduction of a Bill to its final enactment. Below are the key steps in the law-making procedure :

1. Introduction of the Bill :
A Bill can be introduced in either the Lok Sabha or the Rajya Sabha. It can be proposed by a Member of Parliament (MP) or by the Government. Bills introduced by government ministers are referred to as "Government Bills," while those introduced by other MPs are called "Private Members' Bills." Before a Bill is introduced in Parliament, it is typically discussed in the relevant parliamentary committees, where it is analyzed and reviewed.

Once a Bill is drafted and ready for introduction, it is formally presented before the Parliament by the concerned minister or member. The Bill is usually accompanied by a statement of objects and reasons, explaining its purpose and need.

2. First Reading :
The first reading is the formal introduction of the Bill to the House. This is a procedural step where the Bill is read out for the first time, and its title is read aloud. There is no debate at this stage, and the Bill is simply laid before the House for the members' information. Following the first reading, the Bill is usually sent to a parliamentary committee for detailed scrutiny.

3. Second Reading :
The second reading is a crucial stage where the general principles of the Bill are discussed in detail. During this stage, the Bill is debated by the members of the House, who may support or oppose its provisions. A vote may be taken at the end of the debate, and the Bill is either accepted or rejected in principle. If the Bill is accepted, it proceeds to the next stage.

4. Committee Stage :
At the committee stage, the Bill is referred to a parliamentary committee, such as the Select Committee or the Joint Committee, for detailed examination. The committee reviews the Bill clause by clause, holding discussions with experts, stakeholders, and the concerned ministry. The committee may suggest amendments, deletions, or additions to the Bill, after which it is returned to the House for further consideration.

5. Report of the Committee :
After reviewing the Bill, the committee submits its report to the House. This report outlines the changes made to the Bill and provides recommendations for further debate. Members of the House are given the opportunity to discuss the report and suggest further amendments.

6. Third Reading :
The third reading is the final stage of the Bill's passage in the House. During this stage, the Bill is debated in its entirety, including any amendments proposed during the committee stage. After the debate, the Bill is put to a vote. If the Bill is passed by a majority vote, it is sent to the other House (if it was introduced in one House), where the same process is followed.

7. Consideration by the Other House :
Once a Bill passes through the first House, it is sent to the other House for consideration. The second House may suggest amendments, which are then sent back to the originating House for approval. This back-and-forth process continues until both Houses agree on the final version of the Bill.

8. Presidential Assent :
After both Houses of Parliament pass the Bill, it is sent to the President of India for approval. The President may either give assent to the Bill or return it with a request for reconsideration. If the Bill is passed again by both Houses after reconsideration, the President must give assent. Once the President assents to the Bill, it becomes law and is known as an Act of Parliament.

Types of Bills :
There are three main types of Bills in the Indian Parliament:

1. Ordinary Bills:
These are the most common type of bills and deal with ordinary legislative matters, such as laws on education, health, or trade.

2. Money Bills :
These Bills deal exclusively with financial matters such as taxes, government expenditure, and loans. Money Bills can only be introduced in the Lok Sabha and must be passed by the Rajya Sabha within 14 days.

3. Constitutional Amendment Bills :
These Bills propose changes to the Constitution and require a special procedure for passage, including a two-thirds majority in both Houses.

Conclusion :
The law-making procedure in the Indian Parliament is a detailed and democratic process designed to ensure that all proposed laws are thoroughly scrutinized and debated before becoming binding. The involvement of both Houses, the committee system, and the need for presidential assent are key features of this process. The Parliament's law-making procedure reflects India's commitment to a democratic, transparent, and participatory legislative system, where all stakeholders have an opportunity to contribute to the law-making process.

References :

The Constitution of India, 1950.
Shukla, V. N., Constitution of India, 12th Edition, Eastern Book Company, 2018.
M. P. Jain, Indian Constitutional Law, 8th Edition, Lexis Nexis, 2018.
H. M. Seervai, Constitutional Law of India, 4th Edition, Vol. 1, Tripathi, 2002.

Question 3. "India is a quasi-federal state"-Discuss.
Answer :📗 (in 724 words)

Introduction :

India, with its vast geographical expanse and diverse population, has adopted a unique political system that combines both federal and unitary features. It is often described as a quasi-federal state. The term quasi-federal refers to a system that has characteristics of a federal system but does not strictly adhere to the principles of federalism. The Indian political system, as outlined by the Constitution of India, exhibits both federal and unitary characteristics, reflecting a balance between the autonomy of states and the centralization of power.

Federal Features of the Indian Political System :
India’s Constitution establishes a federal system of governance by creating a division of powers between the central government (Union) and the state governments. The federal features in India are reflected in several aspects of the Constitution:

1. Division of Powers :
The Constitution divides powers between the Union and the states into three lists – the Union List, the State List, and the Concurrent List. The Union List contains matters on which only the central government can legislate, such as defense, foreign affairs, and atomic energy. The State List deals with matters on which only state governments can legislate, such as police and public health. The Concurrent List includes subjects on which both the Union and the states can legislate, such as criminal law, marriage, and bankruptcy.

2. Independent Judiciary :
The Constitution of India provides for an independent judiciary with the Supreme Court at its apex. The judiciary plays a crucial role in adjudicating disputes between the Union and the states and ensuring that the Constitution is upheld. The judiciary's role in resolving conflicts between the Union and the states highlights one of the features of federalism in India.

3. Bicameral Legislature :
India has a bicameral legislature consisting of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). While the Lok Sabha represents the people of India as a whole, the Rajya Sabha represents the states, allowing them a voice at the national level. This system helps maintain the federal character of the Indian political system by ensuring state representation in the legislative process.

Unitary Features of the Indian Political System :
Despite the federal structure, India exhibits significant unitary features that enhance the power of the central government. These features highlight the quasi-federal nature of the Indian system:

1. Strong Central Government :
The Indian Constitution has empowered the central government with substantial authority, particularly in times of national emergencies. Under Article 352, during an emergency, the central government can assume overriding powers over the states, reducing the autonomy of state governments. The central government has the authority to dissolve state assemblies and take control of state administration.

2. Centralized Control over State Governments :
The President of India, who represents the Union, has the power to dissolve state legislatures, dissolve the Council of Ministers, and dismiss state governments under certain conditions. Moreover, the Governor, who is appointed by the President, plays an important role in ensuring that state governments function in accordance with the directives of the central government.

3. Single Constitution :
Unlike other federal systems that have two separate constitutions—one for the national government and one for the states—India has a single Constitution that applies to both the Union and the states. This is an important feature that reflects the unitary aspect of the Indian system, as it provides uniformity across the country.

4. Residuary Powers :
The Union government holds the residuary powers, meaning it has the authority to legislate on any matter that is not specifically mentioned in the Union, State, or Concurrent Lists. This centralization of residual power is a unitary feature of the Indian system.

Conclusion :
India is a quasi-federal state because it blends both federal and unitary features in its political structure. While the Constitution of India provides for a division of powers between the Union and the states, it also ensures strong central control through provisions like emergency powers, the role of the Governor, and the residuary powers vested in the Union. This combination allows for a balance between maintaining the autonomy of states and ensuring national unity and stability. The quasi-federal nature of India's political system reflects the country's complex socio-cultural diversity, making it adaptable to both regional aspirations and the need for centralized governance. Thus, India's political system can be best described as quasi-federal, as it combines federalism with elements of unitarism to create a unique model of governance.

References :

Constitution of India, 1950
Bakshi, P. M. (2009). Constitutional Law of India. Universal Law Publishing Co.
Agarwal, R. C. (2005). Indian Political System. S. Chand & Company Ltd.
M. P. Jain (2019). Indian Constitutional Law. Lexis Nexis.

Question 4. Write a note on the Coalition Politics in India. Discuss the role of regional parties in coalition politics at the national level.
Answer :📗 (in 791 words)

Introduction :

Coalition politics in India refers to the political arrangement where two or more political parties come together to form a government. This system has become a significant feature of Indian democracy, particularly after the 1980s. The fragmentation of the political landscape, coupled with the rise of regional parties, has made coalition governments a common occurrence in India’s political system. A coalition government in India is typically formed when no single party is able to secure an absolute majority in the Lok Sabha (the lower house of Parliament).

Emergence of Coalition Politics in India :
Historically, India’s political system was dominated by the Indian National Congress (INC), which had a strong presence at the national level. However, since the 1970s and more significantly after the 1980s, the Indian political system witnessed an increase in the number of regional parties. The 1989 general elections marked a turning point in Indian politics when the INC lost its majority and the National Front, a coalition of regional and smaller parties, formed the government. This marked the beginning of coalition politics in India at the national level. In the 1990s, India experienced several coalition governments, including the famous United Front government (1996-1998) and the National Democratic Alliance (NDA) government, led by the Bharatiya Janata Party (BJP) after 1998.

The reasons for the rise of coalition politics are manifold. First, India’s diverse and pluralistic society means that no single party can dominate the entire country. Second, the decline of the Congress Party and the emergence of new political actors, including regional parties, has shifted the power balance in favor of alliances. Third, the increase in the number of state elections and the consolidation of regional forces have made coalition governments a political necessity.

Role of Regional Parties in Coalition Politics :
Regional parties, representing the interests of specific states or regions, have played a pivotal role in coalition politics in India. These parties often hold the balance of power in a hung parliament, where no party secures an outright majority. Regional parties have come to occupy a dominant position in the formation of government coalitions.

1. Influence on National Policies :
Regional parties have often used their support in coalition governments to influence national policies, ensuring that the concerns of their respective states or regions are addressed. For instance, the Trinamool Congress (TMC) led by Mamata Banerjee has been instrumental in shaping key national issues, especially those affecting West Bengal. Similarly, the Dravida Munnetra Kazhagam (DMK) in Tamil Nadu has consistently shaped central government policies by leveraging its position in coalitions.

2. Negotiation Power :
Regional parties possess significant bargaining power in coalition governments. Their support is crucial for a coalition to maintain a majority, and in exchange, they often demand key ministerial posts or special concessions for their states. This phenomenon was clearly seen in the United Progressive Alliance (UPA) government, where regional parties such as the Samajwadi Party (SP), Rashtriya Janata Dal (RJD), and DMK played an important role.

3. Fragmentation and Instability :
While regional parties play a key role in maintaining the stability of coalition governments, they also contribute to the fragmentation of Indian politics. The need for constant negotiation and compromise often leads to instability and policy paralysis. Regional parties may prioritize state-level issues over national concerns, making it difficult to formulate coherent national policies.

4. Shaping Electoral Outcomes :
Regional parties have a crucial role in shaping electoral outcomes, especially in states with strong regional identities. Parties like the Shiv Sena in Maharashtra, the TDP in Andhra Pradesh, and the AAP (Aam Aadmi Party) in Delhi have been able to create significant political leverage by focusing on local issues. These parties can swing the outcome of elections and force the larger national parties, like the Congress or BJP, to align with them in forming coalition governments.

5. Impact on National Governance :
Regional parties, despite their limited national presence, have a substantial impact on governance. The 2004-2014 UPA government under Congress is a case in point, where regional parties like the DMK and the TMC had considerable influence over decision-making. In many cases, the Congress or BJP-led coalitions have had to adjust their policy directions to accommodate the demands of regional allies.

Conclusion :
Coalition politics has become an integral part of India’s political system, and regional parties are at the heart of this shift. They have successfully positioned themselves as key players in the national political arena, often dictating terms for the formation of government and influencing national policies. However, while regional parties provide necessary regional representation and stability, their participation in coalition governments also brings challenges, including policy fragmentation and political instability. As India continues to evolve, coalition politics and the role of regional parties will remain central to the country’s democratic fabric, making it an essential feature of India’s political discourse.

References :

Subramanian, N. (2019). Coalition Politics in India: The Role of Regional Parties. New Delhi: Oxford University Press.
Raghavan, M. (2021). Regional Politics in Indian Coalitions. Journal of South Asian Studies, 39(2), 204-219.
Singh, R. (2020). The Rise of Regional Parties and Coalition Politics in India. Political Review, 33(4), 112-125.