Polity GS Paper II by Neeraj Kumar

Model Answer

Question # 1. The 73^rd and 74^th amendments to the Constitution of India have been seen as a landmark amendments for boosting the process of decentralization in India. How such decentralization has contributed to the achievement of gender and social justice at the grass-root level? Give reasons for your answer (150 words)

Approach

• Introduce 73^rd and 74^th amendments act and how it has enabled decentralization
• Discuss the benefits initiated by 73^rd and 74^th amendments act
• Discuss the shortcomings
• Conclusion

 The 73^rd and 74^th amendments calls for a three-tier panchayat system throughout the country, however many states has adopted a two tier system as well. It reserves a quota of panchayat membership and chairperson for Scheduled Castes/Tribes and women; enables the weaker social sections to voice their problems and encourages the emergence of leadership among them.

Decentralization is the transfer of authority and responsibility for public functions from the central government to intermediate and local governments or quasi-independent government organizations. It includes political, administrative, fiscal decentralisation.

Benefits:

• Increased Representation:. In many states like Bihar and Odisha women are given 50% reservation. There were 13.72 lakh elected women representatives (EWRs) in PRIs (Panchayati Raj Institutions) which constitute 44.2 per cent of total elected representatives (ERs) as on December, 2017
• Boosted women confidence: States like Bihar is enhancing the share of women seats to half of the total seats. This sent a strong signal to the patriarchal society to correct its stereotypes associated with females. It also provided an opportunity to hitherto deprived low caste women. Its spiral affect boosted women confidence in their abilities and encouraged them to seek a meaningful role in society.
• Decision making: Apart from benefits due to reservation, women and oppressed sections have found a platform through the institution of Gram Sabha, which has become empowered due to such legislations. Decision making regarding the work to be done & monitoring in schemes like MGNREGS & choice of food to be cooked under mid day meal is vested in Gram Sabha.
• Awareness: These amendments has enabled the women & backward sections to enter in the public sphere so they are becoming more aware about their rights & questioning the exploiting structure of society & thus promoting social equality.
• In curbing social ills: With women as a member of PRI & ULBs, they are more sensitive to the concerns of women related to hygiene, safety & literacy of women. They are more successful in curbing social ills like liquor sale and promotion, prostitution which in turn has reduced the violence against the women.
• Self-dependency: Through PRIs women & backward section can work on creation, development and promotion of Self Help groups, Cooperatives, MSMEs for better employment and livelihood options in rural areas.

Shortcomings:

• While women got political representation, the real power was usurped by their husbands, “The SarpanchPati” depriving them of any meaningful gains.
• Caste and gender based discrimination are still prevalent and despite earning a political position women are denied their due respect.
• There is also resentment in upper castes regarding sharing of power with backward castes.
• There is lack of training and capacity building measures for the women to perform their duties
• PRIs has been struggling with funds to implement their decisions which lowers the morals of its members

Conclusion:

To overcome these challenges strict implementation of laws by law enforcing agencies, increase in literacy level and digital literacy, awareness regarding rights, capacity building, and decentralisation of economic resources is required. The panchayats were given the power and responsibility to plan and implement programmes to promote economic growth and social justice as set out in a comprehensive list of activities appended to the Act.

Question #2. In India separation of power is more hypothetical than real. Comment(150 words)

Approach

• Introduce the doctrine of separation of power
• Discuss how separation of power is more hypothetical than real in India
• Conclusion

The doctrine of separation of power contemplates the idea that the governmental functions must be categorized based on the tripartite division- legislature, executive and judiciary. This doctrine tries to bring exclusiveness in the functioning of the three organs and hence advocates a strict demarcation of power, with no scope of overlap either in functions or functionaries.

This arrangement gives each department a certain independence, which operates as a restraint upon such action of others as might encroach on the rights and liberties of the people, and makes it possible.

In Indian constitution, there is express mention that the executive power of the Union and of a State is vested by the constitution in the President and the Governor, respectively, by articles 53(1) and 154(1), but there is no corresponding provision vesting the legislative and judicial powers in any particular organ. It has accordingly been held that there is no rigid separation of power.

• In Ram Jawaya v state of Punjab case the Supreme court observed The Indian Constitution has not indeed recognized the doctrine of separation of powering its absolute rigidity but the functions of the different parts or branches of the government have been sufficiently differentiated and consequently it can very well be said that our constitution does not contemplate assumption, by one organ or part of the state, of functions that essentially belong to another
• Although prima facie it appears that our constitution has based itself upon doctrine of separation of power.
  • Judiciary is independent in its field and there can be no interference with its judicial functions either by the executive or the legislature.
    • Constitution restricts the discussion of the conduct of any judge in the Parliament.
    • The High Courts and the Supreme Court has been given the power of judicial review and they can declare any law passed by parliament as unconstitutional.
  • In a similar fashion certain constitutional provisions also provide for:
    • Powers, privileges and immunities to the MPs - immunity from judicial scrutiny into the proceedings of the house, etc. Such provisions are thereby making legislature independent, in a way.
• The executive is a part of the legislature. It is responsible to the legislature for its actions and also it derives its authority from legislature.
• Generally the legislature is the repository of the legislative power but, under some specified circumstances President is also empowered to exercise legislative functions, i.e., while issuing an ordinance, framing rules and regulations relating to Public service matters, formulating law while proclamation of emergency is in force.
• President performs judicial functions as well
• On the other side, in certain matters Parliament exercises judicial functions too. It can decide the question of breach of its privilege, and in case of impeaching of the President; both the houses take active participation and decide the charges.
• Judiciary, in India, too can be seen exercising administrative functions when it supervises all the subordinate courts below. It has legislative power also which is reflected in formulation of rules regulating their own procedure for the conduct and disposal of cases.

Conclusion:

Thus, the three organs of the Government (i.e. the Executive, the Legislature and the Judiciary) are not separate and exist in silos. Actually the complete demarcation of the functions of these organs of the Government is not possible.