PSIR Optional (Current affairs of Indian Government and Constitution) by Viraj Rane

Model Answer

Question #1. Critically analyse the constitutional and other implications of quota for locals in employment. 

Approach: 

• Introduction: Importance of social justice and the criteria which are considered. 
• Body: Current status of the issue, why quotas are created and the constitutional challenge.
• Conclusion: Empowering human capital and exploring ideas like Universal Basic income.

Hints:

 State and social justice are exclusively linked to each other in a country like India. As reflected in the preamble to the Indian constitution, Indian state also aspire to ensure social justice to its citizens. The real purpose of reservation policy is to address historical injustices, exclusion and give representation to the excluded community in education, position of power and administration. But quota system based on domicile has been a contentious issue. In place of traditional metrics like social backwardness and the recent economic backwardness (105th Constitutional amendment), place of birth/residence is given consideration here. This rekindles the ‘sons of soil’ and localism issue.

Current status: 

• The Haryana government’s State Employment of Local Candidates Bill 2020 reserves 75 per cent of new jobs in private establishments under a compensation threshold of Rs 50,000 for Haryana residents. This is part of a growing pattern of domicile-based preferential policy. 
• Even Andhra Pradesh has mandated 75 per cent reservation for locals; Karnataka is deliberating with the idea of reserving all blue-collar jobs for locals. The last time there was such a contagion of domicile-based preferences was in the 1970s, when states such as Maharashtra, Tamil Nadu, Andhra Pradesh issued circulars directing employers to hire local residents

Constitutionally feasibility: 

• The Constitution prohibits discrimination based on place of birth. The right to move freely in the country and reside and settle in any part of it, the right to carry out any trade or profession, are all established rights. 
• Article 16(3) does, in principle, enable Parliament to provide for domicile-based preferential treatment in public employment. But the right to enact this exception has been given to Parliament, not to the states. Providing quotas based on domicile is also in contravention to federalism. 
• It is also argued that creation of quotas for locals by one state can result in retaliatory actions by other states, which not only affects the federal spirit but also creates animosity among the people. 
• Imposing reservation would not just interfere with freedom of trade and business, it might also be a form of expropriation as political parties can bring formal and informal pressure to bear on industries and enterprises. 
• Mahavir Tyagi, a member of the constituent assembly advocated for residential qualifications as the bedrock of a strong federalism. He argued that if there were no residential qualifications, provinces would not be able to enjoy “self-government” and it would “go against the real spirit of Swaraj.” But this was not accepted

The constitutionality of domicile-based employment preferences (unlike preferences in education) has never been frontally tested. But almost all the existing case law that impinges on the matter clearly indicates such laws are unconstitutional. In the Charu Khurana v Union of India case, the Supreme Court has declared as unconstitutional all restrictions on employment based on place of residence. The Quota Bills have ramifications beyond constitutionality. It said that this is an exercise in political cynicism: the government knows it will be struck down but nevertheless legislates on it to show to the people that it has done its job. 

Why such quotas are created:

• Inability of the state governments to create employment, the nature of work becoming less labour intensive and the investors bringing in capital also tend to favour their own people (people from his/her state of birth or origin) because of nativity issue.
• It is also argued that hiring local people may lead to formation of unions which can further result in higher wages and demands for labour rights. 
• Political thinker Pratap Bhanu Mehta says that states provide quotas for locals to cover for governance failure in terms of pricing, employment and economic development. According to him invoking identity politics in a negative sense will in the long run, put hurdles in free movement of labour, which is integral to economic growth. 
• Some political observers have pointed out that the provisions of quota laws: ‘exemption criteria’ (where private firms can seek exemption on certain grounds); filing of quarterly compliance reports, penalty if not confirming and inspection by officers brings back the era of license raj.

Conclusion: The governments should facilitate employment generation through better investment policies and empower the human capital through better education and skilling so that they are employed. Employment through fiat in the private sector will disincentivise further investments which will further aggravate the problem of unemployment and growth. Governments should also explore the ideas universal basic income and unemployment benefits to address the issue of unemployment. 

Supplementary Information: 

Apart from constitutional impropriety, another major problem with such employment quotas for locals: 

• it discourages migration, either for education or employment, which is usually associated with development, as it facilitates reallocation of labour across occupations, sectors and regions to usher in a more efficient allocation of resources between different productive uses. And more importantly, hurdles to migration also especially hurt disadvantaged groups, as migration is a useful livelihood strategy for poor households, caught in the vortex of feudal and caste chauvinism of their home states, and provides positive benefits to both sending and receiving regions as in the case of international migration. 
• Scholars point the fact that this recent surge in demand for local employment quotas is also surprising as migration levels in India are still fairly low. Low migration rates in India have been attributed to various factors, including language and caste barriers, large distances and logistical hurdles and the inability of migrants to access domicile-based education and employment opportunities and other welfare schemes provided by state governments. 
• A closer analysis reveals that rather than just economic, it is political factors that play a more crucial role.

Question #2. What are the factors that have led to decline of legislature?

 Hints:

• Political immorality, immaturity, indiscipline and lack of democratic culture have deeply penetrated into our legislative body. Opportunism and corruption have become the watch words of Indian politics. Evil of criminals in politics has led to criminalization of politics. 
• 'Communalism' and caste-class-gender conflict are used as a weapon of political survival by different political parties • The ever changing political and moral conditions in India are also responsible for the decline of prestige and position of Parliament. Dominance by the party, the lack of party organisation, the malaise of political defections, corruption and the decline of the morale of politician have all contributed to the erosion of the prestige of the legislative bodies. 
• The gradual loss of confidence in the impartiality of the presiding officers of the legislatures also is a point of importance. They have shown an inclination to side with the government and the ruling party, almost functioning as their representatives, not as guardians of the public interest. 
• The absence of inner party democracy, the declining status and stature of members in public life, the growing cost of the electoral process, the ascendency of party leaders are some of the factors that have contributed to the decline of legislatures. 
• While, on the one hand, the Constitution itself has tried to maintain a fine balance among the Parliament, the Judiciary and the Executive, what we see in prac-tice is the Executive gaining immense powers by virtue of the majority enjoyed by its party in Parliament and State legislature.
• It is true that the instrument of judicial review places a very heavy hand of the judiciary on the supremacy of the Parliament; it is equally true that the overriding control of judiciary can be further over-ridden by the Parliament itself acting at the behest of the Cabinet. The result is that the Parliament has come to live under the redeemable control of the judiciary on the one hand and of the generally irredeemable control of the Cabinet on the other. 
• Even in the conduct of the general business of Parliament we see the Executive gaining power at the expense of Parliament. The ordinance-making power is freely used by the Executive, thus GS SCORE GS SCORE GS SCORE Hints: Political Science [13] ????? reducing the relevance of Parliament. Often Parliament is a mere rubber stamp endorsing Executive action.
• The financial powers vested in parliament are really powers at the disposal of the Executive. Only a part of the Budget is discussed, while the rest is voted upon using the guillotine. Even important expenditures outside the budget are announced to be accommodated in the supplementary budget. A comfortable majority thus ensures Executive dominance over Parliament. 
• The decline of legislatures is, indeed, a worldwide phenomenon, but even more striking in India. Firstly, in India, except for brief periods, a single party has been in majority in both Houses of Parliament. Thus party bosses have had much more say in policy matters than Parliament as such. 
• Second, the rigidity of party discipline has tied down party members to follow the dictates of party bosses once elected to the Legislature. He or she votes according to the directions of the party whip even if larger social and national interests are being sacrificed to short-sighted policies for short-term political gains. 
• Related to this situation is the fact that many of our Members of Parliament have been voted into power for reasons other than pure ability or competence. Many do not want to give up the benefits of being an MP just for the sake of some initiative and independence on the floor of a House. Also, in the modern parliamentary system the private members are left with little opportunity to express their point of views or make concrete suggestions.
• Third, the growth of delegated legislation has led to the decline of Parliament. Parliament lays down general principles of law and entrusts to Ministers (in effect, the Departmental Secretaries) the power to frame regulations necessary for their amplification. As a result, the powers of Parliament have declined while those of the administrative departments have increased.
• Finally, the decline of Parliament has been due to the technicality and complexity of government business. Legislation on technical issues necessitates prior consultation with experts and individual institutions concerned. Much data has to be collected and studied before a Bill is drafted. All this is beyond the easy reach of private members. As a result, Bills, when introduced, are pushed through rapidly, and the members do not get enough time even to express their points of view