Author: Urmila Singh

  • Nikaalo Prelims Spotlight || Climate change, Pollution

    Dear Aspirants,

    This Spotlight is a part of our Mission Nikaalo Prelims-2023.

    You can check the broad timetable of Nikaalo Prelims here

    Session Details

    YouTube LIVE with Parth sir – 7 PM  – Prelims Spotlight Session

    Evening 04 PM  – Daily Mini Tests

    Join our Official telegram channel for Study material and Daily Sessions Here


    16th May 2023

    Climate Change, Pollution

    What is Climate Change?

    The periodic modification of Earth’s climate brought about due to the changes in the atmosphere as well as the interactions between the atmosphere and various other geological, chemical, biological and geographical factors within the Earth’s system is called Climate change.

    Factors Affecting Climate Change

    Natural Factors – affect the climate over a period of thousands to millions of years.Such as – 

    1. Continental Drift – have formed millions of years ago when the landmass began to drift apart due to plate displacement. This impacts climate change due to the change in the landmass’s physical features and position and the change in water bodies’ position like the change in the follow of ocean currents and winds.
    2. Volcanism – Volcanic eruption emits gasses and dust particles that last for a longer period causing a partial block of the Sun rays thus leading to cooling of weathers and influencing weather patterns.
    3. Changes in Earth’s Orbit – A slight change in the Earth’s orbit has an impact on the sunlight’s seasonal distribution reaching earth’s surface across the world. There are three types of orbital variations – variations in Earth’s eccentricity, variations in the tilt angle of the Earth’s axis of rotation and precession of Earth’s axis. These together can cause Milankovitch cycles, which have a huge impact on climate and are well-known for their connection to the glacial and interglacial periods.

    Anthropogenic Factors – is mainly a human-caused increase in global surface temperature. Such as –

    1. Greenhouse Gasses – these absorb heat radiation from the sun resulting in an increase in Global Temperature. GHGs mostly do not absorb solar radiation but absorb most of the infrared emitted by the Earth’s surface. Global warming begins with the greenhouse effect, which is caused by the interaction between incoming radiation from the sun and the atmosphere of Earth.
    2. Atmospheric Aerosols – these can scatter and absorb solar and infrared radiation. Solar radiation scatters and cools the planet whereas aerosols on absorbing solar radiation increase the temperature of the air instead of allowing the sunlight to be absorbed by the Earth’s surface. Aerosols have a direct affect on climate change on absorption and reflection of solar radiation. Indirectly it can affect by modifying clouds formation and properties. It can even be transported thousands of kilometres away through winds and circulations in the atmosphere.
    3. Shift in land-use pattern – Most of the forests and land covers are replaced by agricultural cropping, land grazing, or for Industrial or commercial usage. The clearing of forest cover increases solar energy absorption and the amount of moisture evaporated into the atmosphere.
      • The lower the albedo (reflectivity of an object in space), the more of the Sun’s radiation gets absorbed by the planet and the temperatures will rise. If the albedo is higher and the Earth is more reflective, more of the radiation is returned to space, leading to the cooling of the planet.

    Potential Effects of climate change in India

    • Extreme Heat: India is already experiencing a warming climate. Unusual and unprecedented spells of hot weather are expected to occur far more frequently and cover much larger areas. Under 4°C warming, the west coast and southern India are projected to shift to new, high-temperature climatic regimes with significant impacts on agriculture.
    • Changing Rainfall Patterns: A decline in monsson rainfall since the 1950s has already been observed. A 2°C rise in the world’s average temperatures will make India’s summer monsoon highly unpredictable. At 4°C warming, an extremely wet monsoon that currently has a chance of occurring only once in 100 years is projected to occur every 10 years by the end of the century. Dry years are expected to be drier and wet years wetter.
    • Droughts: Evidence indicates that parts of South Asia have become drier since the 1970s with an increase in the number of droughts. Droughts have major consequences. In 1987 and 2002-2003, droughts affected more than half of India’s crop area and led to a huge fall in crop production. Droughts are expected to be more frequent in some areas, especially in north-western India, Jharkhand, Orissa, and Chhattisgarh. Crop yields are expected to fall significantly because of extreme heat by the 2040s.
    • Groundwater: Even without climate change, 15% of India’s groundwater resources are overexploited. Falling water tables can be expected to reduce further on account of increasing demand for water from a growing population, more affluent lifestyles, as well as from the services sector and industry.
    • Glacier Melt: Most Himalayan glaciers have been retreating over the past century. At 2.5°C warming, melting glaciers and the loss of snow cover over the Himalayas are expected to threaten the stability and reliability of northern India’s primarily glacier-fed rivers. Alterations in the flows of the Indus, Ganges, and Brahmaputra rivers could significantly impact irrigation, affecting the amount of food that can be produced in their basins as well as the livelihoods of millions of people
    • Sea level rise: With India close to the equator, the sub-continent would see much higher rises in sea levels than higher latitudes. Sea-level rise and storm surges would lead to saltwater intrusion in the coastal areas, impacting agriculture, degrading groundwater quality, contaminating drinking water, and possibly causing a rise in diarrhoea cases and cholera outbreaks, as the cholera bacterium survives longer in saline water. Kolkata and Mumbai, both densely populated cities, are particularly vulnerable to the impacts of sea-level rise, tropical cyclones, and riverine flooding.
    • Apart from this food and energy security are also major concerns. Water scarcity, health hazards among the masses, and migration and political conflicts are expected to grow.

    India’s response to Climate Change

    • National Action Plan on Climate Change (NAPCC): outlines existing and future policies and programs addressing climate mitigation and adaptation. The Action Plan identifies eight core “national missions” running through to 2017: Solar Energy; Enhanced Energy Efficiency; Sustainable Habitat; Water; Sustaining the Himalayan Ecosystem; Green India; Sustainable Agriculture; and Strategic Knowledge for Climate Change. Most of these missions have strong adaptation imperatives.
    • National Clean Energy Fund: The Government of India created the National Clean Energy Fund (NCEF) in 2010 for financing and promoting clean energy initiatives and funding research in the area of clean energy in the country. The corpus of the fund is built by levying a cess of INR 50 (subsequently increased to INR 100 in 2014) per tonne of coal produced domestically or imported.
    • Paris Agreement: Under the Paris Agreement, India has made three commitments. India’s greenhouse gas emission intensity of its GDP will be reduced by 33-35% below 2005 levels by 2030. Alongside, 40% of India’s power capacity would be based on non-fossil fuel sources. At the same time, India will create an additional ‘carbon sink’ of 2.5 to 3 billion tonnes of Co2 equivalent through additional forest and tree cover by 2030.
    • International Solar Alliance: ISA was launched in Paris on 30 November 2015 by India and France, in the presence of Mr. Ban Ki Moon, former Secretary-General of the United Nations.
    • Bharat Stage (BS) Emission Norms: Emissions from vehicles are one of the top contributors to air pollution, which led the government at the time to introduce the BS 2000 (Bharat Stage 1) vehicle emission norms from April 2000, followed by BS-II in 2005. BS-III was implemented nationwide in 2010. However, in 2016, the government decided to meet the global best practices and leapfrog to BS-VI norms by skipping BS V altogether.

    All these efforts need to be implemented well to mitigate the effects of climate change.

    How can India cope with climate change effects?

    An ‘adaptation’ approach is the way to go. For this, a big push must be given to the interlinking of rivers and the use of GM crops. Climate action has globally been ‘mitigation-centric’ — most of the programs (such as a push for renewable energy and electric vehicles) are aimed at slowing down future global warming. ‘Mitigation’ is more important to developed countries, but for countries like India, the focus should be on ‘adaptation’, or measures are taken to cope with the inevitable effects of climate change that has already happened, such as nasty storms, floods, and droughts.

    ‘Adaptation’ is like protecting yourself against a punch that will land. India has also been mitigation-centric; it is time to bring focus on ‘adaptation’. And for adaptation, the time has come for two major steps.

    • The first is to give a big push to a 150-year-old idea — inter-linking of rivers (ILRs). With floods and droughts likely to occur in different parts of the countries, possibly alongside each other, there is no option but to make ILR happen, and fast. Here are two components of it: the Himalayan and the Peninsular, with 14 and 16 links respectively. The idea is to build a dam on one river so that the water level rises at the head of the canal, allowing water to flow by gravity to the next river. India today has 5,100 large dams, which have walls at least 15 meters tall; ILR will require 3,000 more. The project will also involve building 15,000 km of new canals. If brought to fruition, ILR will bring 35 million hectares — over twice the size of Andhra Pradesh — of additional land into cultivation, and 34,000 MW more of hydroelectricity.
    • The other adaptive measure is genetically modified crops. GM technology is a major component of ‘climate-smart agriculture’. We would need drought-resistant crops, and crops that produce more on the same patch of land so that climate-impairing ‘land use’ is minimized. India has been saying ‘no’ to GM technology. However, GM technology has been in use globally for over two decades and millions of people have been eating GM foods for years.
  • Nikaalo Prelims Spotlight || Basic Concepts of Ecology, Biodiversity

    Dear Aspirants,

    This Spotlight is a part of our Mission Nikaalo Prelims-2023.

    You can check the broad timetable of Nikaalo Prelims here

    Session Details

    YouTube LIVE with Parth sir – 7 PM  – Prelims Spotlight Session

    Evening 04 PM  – Daily Mini Tests

    Join our Official telegram channel for Study material and Daily Sessions Here


    15th May 2023

    Basic Concepts of Ecology, Biodiversity

    Ecology

    • Ecology is the study of the relationships between living organisms, including humans, and their physical environment; it seeks to understand the vital connections between plants and animals and the world around them
      • Also, Ecology also provides information about the benefits of ecosystems and how we can use Earth’s resources in ways that leave the environment healthy for future generations.
    • The term “ecology” was coined by the German zoologist, Ernst Haeckel, in 1866
    • Also, ancient Indian texts have references to Ecological principles as follows:
      • The classical texts of the Vedic Period such as the Vedas, the Samhitas, the Brahmanas and the Aranyakas-Upanishads contain references to ecological concepts
    • Further, a conceptual understanding of ecology is found in the broader details of study, including:
      • life processes explaining adaptations
      • distribution and abundance of organisms
      • the movement of materials and energy through living communities
      • the successional development of ecosystems, and
      • the abundance and distribution of biodiversity in context of the environment

    Components

    • Ecology mainly involves the study of biotic and abiotic factors with the environment
    • Biotic components include the living factors of an ecosystem.
      • Examples include bacteria, animals, birds, fungi, plants, etc.
    • Abiotic components include the non-living chemical and physical factors of an ecosystem
      • Examples include sunlight, soil, air, moisture minerals etc.

    Types of Ecology

      • Microbial Ecology
        • Microbial ecology looks at the smallest fundamental levels of life, that is, the cellular level
        • Here, the connections are made between microbes and their relationships with each other and their environments
        • This is particularly important in the analysis of evolutionary connections and events leading to existence
      • Organism/Behavioural Ecology
        • This is the study of the organism at its fundamental levels and can encompass microbial ecology.
        • In this type of ecology, the main goal is to understand the organism’s behaviours, adaptations for such behaviours, reason for those behaviours as explained through the lens of evolution, and the way all these aspects mesh together
      • Population Ecology
        • Population ecology focuses on the population, defined as a group of organisms of the same species living in the same area at the same time
        • Here, attention is given to things such as population size, its density, the structure of the population, migration patterns, and the interaction between organisms of the same population.
      • Community Ecology
        • Community ecology takes a look at the community, defined as all the populations that live in a given area. This includes all the different species populations.
        • The focus here is usually on the interactions between the different species and how their numbers and sizes all mesh together and how change in one population change the dynamic of the whole community
      • Ecosystem Ecology
        • Ecosystem ecology makes a unique contribution to understanding ecology by adding abiotic (non-living) factors to the items analysed, alongside the biotic (living) factors involved.
        • This interaction therefore involves all aspects of the environment and how they interact
      • Global Ecology (Biosphere)
        • The global ecology is principally important in understanding all the ecosystems affecting the entire globe.
        • This includes all the different biomes, with considerations of aspects such as climate and other environmental geography

    Examples of Ecology study

    • In recent years, the red panda population has dropped significantly, leading conservation groups to classify it as a vulnerable or endangered species
    • Ecologists have found that biotic factors, such as logging of trees and introduction of diseases from domestic dogs, played a major role in the decline of red panda populations
    • Abiotic factors have been less important to date, but changing temperatures could cause further habitat loss in the future
    • So, understanding the main ecological factors responsible for the decline in red panda numbers helps ecologists form conservation plans to protect the species

    Levels of Organisation

    • Individual, Species, Organism
      • Organism in this level has the ability to act or function independently
      • Here, Individuals do not breed with individuals from other groups
    • Population
      • A group of individuals of a given species that live in a specific geographic area at a given time
      • Populations include individuals of the same species, but may have different genetic makeup such as hair/eye/skin colour and size between themselves and other populations
    • Community
      • It includes all the populations in a specific area at a given time. A community includes populations of organisms of different species
      • These are generally named after the dominant plant species
    • Ecosystem
      • Ecosystems include more than a community of living organisms (biotic) interacting with the environment (abiotic)
      • Everything that lives in an ecosystem is dependent on the other species and elements that are also a part of the ecological community
    • Biome
      • A Biome is a set of ecosystems sharing similar characteristics with their abiotic factors adapted to their environments
    • Biosphere
      • When we consider all the different biomes, each blending into the other, with all humans living in many different geographic areas, we form a huge community of humans, animals and plants, and micro-organisms in their defined habitats. A biosphere is the sum of all the ecosystems established on planet Earth

    Principles of Ecology

    • Evolution organizes ecological systems into hierarchies
      • Individual organisms combine into populations, populations combine into species, species combine into higher taxa like genera and phyla.
      • Each can be characterized by its abundance and diversity (number of kinds) in a given ecosystem or study plot
    • The sun is the ultimate source of energy for most ecosystems
      • Life runs on the carbon-rich sugars produced by photosynthesis; every ecosystem’s sugar output depends on how much solar energy and precipitation it receives
    • Organisms are chemical machines that run on energy
      • The laws of chemistry and physics limit the ways each organism makes a living and provide a basic framework for ecology.
      • The supply of chemical elements and the sugars needed to fuel their assembly into organisms limit the abundance and diversity of life
    • Chemical nutrients cycle repeatedly while energy flows through an ecosystem
      • The atoms of elements like Carbon, Nitrogen and Sodium go back and forth from spending time in living to spending time in dead parts of an ecosystem.
      • But the photons of solar energy can be used only once before they are lost to the universe
    • Organisms interact—do things to each other—in ways that influence their abundance
      • Individual organisms can eat one another, compete for shared resources, and help each other survive.
      • Each pair of species in an ecosystem can be characterized by the kind and strength of these interactions
    • Ecosystems are organized into webs of interactions
      • The abundance of a population is influenced by the chains of interactions that connect it to the other species in its ecosystem
      • This often leads to complex behaviour, and a key challenge in ecology is to determine what patterns of abundance and diversity can be predicted
    • Human populations have an outsized role in competing with, preying upon, and helping other organisms
      • Humans are one of millions of species embedded in Earth’s ecosystems. The ability of humans to change the planet, abetted by our large population size and technological prowess, increases our ability to shape the biosphere’s future
    • Ecosystems provide essential services to human populations
      • These include products like timber, fibre and food, regulating water and air quality, and cultural benefits like recreation. A key goal of ecology is to use the above principles to preserve ecosystem services.

    Biodiversity

    Biodiversity can be defined as a community of all the living organisms on the earth and the diversity among them from all the ecosystems. Biodiversity is thus the variability between the species, within the species, and between the ecosystem.

    The term biodiversity was coined by Walter G. Rosen in the year 1986.

    Types of Biodiversity

    Biodiversity can be categorized into three main types:

    1. Genetic Diversity (Diversity within species)
    2. Species Diversity (Diversity between species)
    3. Ecosystem Diversity (Diversity between ecosystem)

    Genetic Diversity

    Every individual of a particular species differs from each other in its genetic makeup. This genetic variability among the members of any plant or animal species is known as genetic diversity. When two individuals are closely related, they share more genetic information and hence, are more similar.

    Species Diversity

    Species diversity can be defined as the variety of species within a particular region or habitat. This type of diversity can be found in both the natural ecosystem and agricultural ecosystem.

    There are more than 85,000 flowering plant species in tropical North and South America, tropical and subtropical Asia has more than 50,000 flowering plants whereas, there are only 35,000 flowering plant species in tropical and subtropical Africa. But, Europe has around 11,300 vascular plants. Also, other areas, such as salt flats or a polluted stream, have fewer species.

    Ecosystem Diversity

    There is a large diversity of different ecosystems that have distinctive species. This ecosystem varies with each other as per their habitats and the difference in their species. This ecosystem diversity can be found within a specific geographical region or a country or a state. This type of diversity also includes forests, grasslands, deserts, and mountains.

  • Nikaalo Prelims Spotlight || Civil service reforms, H N Sanyal Committee, First ARC, Rajamannar Committee, Sarkaria Commission, National Commission to Review the working of the constitution and Singhvi Committee

    Dear Aspirants,

    This Spotlight is a part of our Mission Nikaalo Prelims-2023.

    You can check the broad timetable of Nikaalo Prelims here

    Session Details

    YouTube LIVE with Parth sir – 7 PM  – Prelims Spotlight Session

    Evening 04 PM  – Daily Mini Tests

    Join our Official telegram channel for Study material and Daily Sessions Here


    12th May 2023

    Civil service reforms, H N Sanyal Committee, First ARC, Rajamannar Committee, Sarkaria Commission, National Commission to Review the working of the constitution and Singhvi Committee

    ARC Report

    Administrative Reforms Commission (employed by the Government of India) publishes some reports, known as ARC reports. ARC’s reports are crucial documents for public administration, effective governance, and much more.

    Mainly there are two ARC reports, the first ARC report (published by the 1st ARC started in 1966) and the second ARC report (published by the 2nd ARC set up in 2005). The 1st ARC Report had provided 537 primary recommendations in about 20 reports before it was winded up in the 1970s.
    • Conversely, the 2nd ARC published 15 reports encompassing various public administration sectors.
    • Though both the ARC Report recommended effective reforms, the 2nd ARC is considered essential for the study of public administrations.

    ARC (Administrative Reforms Commission) Report for UPSC

    The Government of India has appointed an organization or body known as the Administrative Reforms Commission that provides recommendations for evaluating India’s public administration system. India’s ARC was set up twice.

    1st Arc (Administrative Reforms Commission)

    The Indian Government established the first Administrative Reforms Commission on 5 January 1966 under revolution number 40/3/65-AR(P). In the beginning, Morarji Desai managed the ARC, but after he got appointed as India’s Deputy Prime Minister, K. Hanumanthaiah managed it as the chairperson.

    • This ARC declaration described the ARC configuration, the authorization of the commission, and the practices to be ensured.
    • The first ARC was authorized to provide thoughtfulness to certify the premium standards of proficiency and integrity in public services.
    • The ARC was mandated to make public administration the perfect equipment for implementing the Indian Government’s various socioeconomic policies and socio-economic development.
    • It had provided 537 primary recommendations in about 20 reports before it was wound up in the 1970s.

    2nd Arc (Administrative Reforms Commission)

    The Government of India founded the 2nd ARC on 31 August 2005 under the resolution K-11022/9/2004-RC. It was established to make a comprehensive scheme to revamp the public administration system in India.

    Initially, Veerappa Moily managed the commission as the chairperson. However, after his resignation in 2009, V. Ramachandran took responsibility as the new chairperson.

    • The second ARC was authorized to propose some effective measures to attain a practical, responsive, responsible, sustainable, and proficient public administration at all the government levels in India.
    • The 2nd Administrative Reforms Commission also published 15 reports encompassing various public administration sectors.

    The 2nd ARC Report comprised reforms such as the Indian Government’s organizational structure, integrity in governance, Revamping of Personnel Administration, Reinforcement of Financial Management Systems, Local Self-Government, Citizen-centric, Problems in Federal Polity, Promoting e-governance, Crisis Management, RTI, Unlocking Human Capital, and many more.

    • The first-ever report from the 2nd ARC was Right to information, considered a principal means for Good Governance in India.
    • The Government of India excluded sectors like Military defense, security, and intelligence, etc., and subjects like judicial reforms and relations between central and State governments from the 2nd ARC’s recommendations.

    Rajamannar Committee

    • In 1969, the Tamil Nadu Government (DMK) appointed a three-member committee, chaired by Dr. P.V. Rajamannar, to investigate the entire issue of Centre-state relations.
    • It wanted the committee to propose constitutional amendments to ensure the states’ maximum autonomy.
    • In 1971, the committee delivered its report to the Tamil Nadu government.

    Recommendations

    The committee’s key recommendations are as follows:

    • An Inter-State Council should be formed immediately.
    • The Finance Commission should be made permanent.
    • The Planning Commission should be disbanded and replaced by a statutory body.
    • Articles 356, 357, and 365 (concerning President’s Rule) should be deleted entirely.
    • The provision stating that the state ministry holds office at the pleasure of the governor should be removed.
    • Certain subjects from the Union List and the Concurrent List should be transferred to the State List.
    • Residuary powers should be devolved to the states.
    • All-India services such as IAS, IPS, and IFS should be phased out.

    Sarkaria Commission

    Background

    • The agitation for State autonomy led to the creation of the Sarkaria Commission by the Central Government to recommend changes in the Centre-State relationship. 
    • The Commission submitted its report in 1988. 
    • The founding fathers of the Indian Constitution were deeply concerned about ensuring the unity and integrity of the country. They were aware of the forces of disruption and disunity working within the country. These dangers at the time of independence could be handled only by a strong government at the Centre. 
    • Therefore, the framers of the Constitution assigned a predominant role to the Centre. 
    • At the same time, they made provisions for the establishment of cooperative federalism.
    • The working of the Indian federation during the last five decades clearly shows that the relations between the Centre and the States have not always been cordial. 
    • The Administrative Reforms Commission and several other Commissions were appointed by the Government of India from time to time to regulate Centre-State relations. 
    • The Union Government appointed the Sarkaria Commission to suggest ways and means to improve Centre-State relations. 
    • The clamour for more autonomy led to the constitution of the Sarkaria Commission in 1983 which was asked to examine and review existing arrangements between the Centres and the States in all spheres and recommend appropriate changes and measures. 
    • An extraordinary situation, the need to defeat the emergency regime of Indira Gandhi, brought them together. With the return of the Congress party under Indira Gandhi’s leadership with a secure majority, the movements for state autonomy slowly receded in the background. 
    • At the present moment, there is no movement for state autonomy like earlier, even though the struggle to get more financial resources for the state continues. 
    • In 1990 a visible change came in the correlation of forces active in Indian politics.

    Major Recommendations of Sarkaria Commission

    The Sarkaria Commission finally submitted its report in the year 1988. The Sarkaria Commission’s charter was to examine the relationship and balance of power between state and central governments in the country and suggest changes within the framework of the Constitution of India. Despite the large size of its reports – the Commission recommended, by and large, status quo in the Centre-State relations, especially in the areas, relating to legislative matters, the role of Governors, and the use of Article 356.


    National Commission to Review the Working of Constitution (NCRWC)
    • The National Commission to Review the Workings of the Constitution was established by Government Resolution on February 22, 2000, and is chaired by Justice M.N. Venkatachaliah.
    • According to the terms of reference, the Commission shall examine, in light of the past 50 years’ experience, how best the Constitution can respond to the changing needs of modern India’s efficient, smooth, and effective system of governance and socio-economic development within the framework of Parliamentary democracy, and to recommend changes.
    • If any, that is required in the Constitution’s provisions without interfering with its basic structure or features On March 31, 2002, the Commission delivered its findings to the government in two volumes.
    • The mission of the NCRWC is to recommend amendments to the “Indian Constitution.”
    • The Commission concluded that Article 263 of the Constitution had enormous potential that has not been properly used in resolving numerous difficulties involving more than one State.
    • The Commission observed that when the Union Government enters into a treaty touching an issue on the State List that is crucial to the interests of the states, no previous consultation is undertaken with them.

    Recommendation of the Commission

    • There were 249 recommendations in total from the commission. 58 of them call for constitutional amendments86 for legislative action, and the remaining 105 for executive action. Following is a list of the commission’s major recommendations:

    Fundamental Rights:

    • Under Article 15 and 16, discrimination should be prohibited on the basis of “ethnic or social origin, political or other viewpoint, property, or birth”.
    • Article 19’s freedom of speech and expression should be expanded to expressly include “the freedom of the press and other media, etc.”
    • Article 21-A, the right to education, should be expanded.
    In terms of preventive detention two adjustments should be made:
    • The maximum length should be six months; and
    • The advisory board should be composed of a chairman and two other members who should be serving judges of any high court.
    • Sikhism, Jainism, and Buddhism should be considered as independent religions from Hinduism, and the clauses combining them under Article 25 should be removed.
    • During the operation of a national emergency, the enforcement of the Fundamental Rights under Articles 17, 23, 24, 25, and 32, as well as those under Articles 20 and 21, will not be suspended.

    On Comptroller and Auditor General of India (Lack of quality of report):

    According to the National Commission to Review the Constitution’s Workings, “administrative departments frequently criticize the audit department’s operation.” They point out that audits frequently focus on minor concerns and a negative fault-finding approach rather than finding a solution to the administration’s problem.

    On Directive Principles:

    • Part IV of the Constitution’s heading should be changed to ‘Directive Principles of State Policy and Action.’
    • A new Directive Principle on Population Control should be added to the list.
    • Every five years, an independent National Education Commission should be established.
    • To promote inter-religious harmony and social solidarity, an Inter-Faith Commission should be constituted.

    On Fundamental Duties:

    • The ways and mechanisms by which Fundamental Duties could be publicized and made effective should be considered.
    • The Justice Verma Committee’s suggestions on the operationalization of Fundamental Duties should be adopted as soon as possible.
    • Article 51-A should add the following new essential responsibilities:
    • The responsibility to vote in elections, participate actively in the democratic process of governance and pay taxes.
    • To promote a sense of family values and responsible parenting in matters of children’s education, physical, and moral well-being.

    On State funding of election:

    The National Commission to Review the Constitution’s Workings did not support state funding of elections but agreed with the 1999 law commission report that an appropriate framework for regulating political parties would need to be put in place before state funding could be considered.

    On Anti-Defection Law:

    • All individuals who defect (individually or in groups) from the party or alliance of parties on whose ticket they were elected must renounce their parliamentary or assembly seats and run in new elections.
    • The defectors should be forbidden from holding any public office, including ministerial positions, or any other remunerative political position, for at least the remainder of the current legislature’s term or until the next elections, whichever comes first.
    • A vote cast by a defector to overthrow a government should be considered void.
    • The Election Commission, rather than the Speaker or Chairman of the House concerned, should have the authority to determine on questions of defection disqualification.

    On Center-State Relations:

    The National Commission to Review the Working of the Constitution made recommendations, many of which were similar to those made by the Sarkaria Commission. The following few of the novel recommendations:

    • According to Article 307, a legislative organization named the Inter-State Trade and Commerce Commission should be constituted.
    • A committee consisting of the Prime Minister, Home Minister, Speaker of the Lok Sabha, and the Chief Minister of the state in question shall nominate the Governor.
    • The Concurrent List of the Seventh Schedule should cover disaster and emergency management.
    • In the event of a political breakdown in a state, the state should be given an opportunity to explain its position and correct the situation before invoking Article 356, to the extent possible.
    • The 1990 Inter-State Council directive should explicitly outline the topics that should be discussed during the discussions.

    L M Singhvi Committee

    Recommendations of L M Singhvi Committee

    • Local self-government should be acknowledged by the Constitution.
    • Panchayat elections should be held on a regular basis and without delay.
    • Every state should establish a Panchayati Raj judicial tribunal to deal with issues relating to the administration of Panchayati Raj.
    • Adequate financial resources are required to guarantee that panchayats function effectively.
    • Individuals affiliated with political parties should be discouraged from participating.
    • The Nyaya Panchayat should be tasked with mediating and resolving disputes.
    • The Gram Sabha represents direct democracy, and rural Panchayats should be better organized. Gram Sabha should be prioritized.

    Significance

    Significance

    • It recommended constitutional status for the Panchayat System.
    • Establishment of the Nyaya Panchayats to mediate and resolve disputes.
    • Gave more emphasis to Gram Sabhas.
    • It provided for a plan to gain financial autonomy for the local bodies.
  • Nikaalo Prelims Spotlight || Constitutional Bodies, Statutory Bodies, Local government/ ULBs

    Dear Aspirants,

    This Spotlight is a part of our Mission Nikaalo Prelims-2023.

    You can check the broad timetable of Nikaalo Prelims here

    Session Details

    YouTube LIVE with Parth sir – 7 PM  – Prelims Spotlight Session

    Evening 04 PM  – Daily Mini Tests

    Join our Official telegram channel for Study material and Daily Sessions Here


    11th May 2023

    Constitutional Bodies

    Constitutional bodies derive their powers and authorities from the Constitution of India. They are mentioned in the Constitution. Since they get their power from the Indian Constitution, any change in the mechanism of the constitutional bodies would require a constitutional amendment.

    The list of constitutional bodies in India along with the article pertaining to it in the Constitution and other details are given below:

    • Attorney General of India
    Attorney General
    Article in the Constitution76
    Tenure & RemovalHolds office during the pleasure of the President
    Further AppointmentYes
    PowersPrivileges of an MPRight of an audience in all Indian courtsCan attend both Lok Sabha and Rajya Sabha but cannot vote
    • Comptroller and Auditor General (CAG)
    Comptroller & Auditor General of India
    Articles148
    Tenure & removalHolds the office for six years or 65 years (whichever comes earlier)Removal is the same as for a judge of the Supreme Court
    Further appointmentNo
    PowersAudits accounts concerned with the Contingency Fund, the Consolidated Fund of India and states,  and the Public Accounts Fund of the states and centre.Advisory function with respect to accounts to the country’s President
    • Election Commission
    Election Commission of India
    Article324
    CompositionCEC/Chief Election Commissioner, Other Election Commissioners
    Tenure & removalPresently for 6 years or 65 years, whichever is earlier
    Further appointmentYes
    PowersConduct of free and fair elections in IndiaPolitical parties’ registrationOverseeing elections
    • Finance Commission
    Finance Commission of India
    Article280
    CompositionChairman, Four members
    Further appointmentYes
    PowersDecides the basis for sharing the divisible taxes by the centre and the statesAny matter in the interest of sound finance can be referred to the Presidentevaluates the rise in the Consolidated Fund of a state in order to affix the resources of the state Municipalities and PanchayatsFC has the powers of a civil court
    • National Commission for Scheduled Castes
    National Commission for Scheduled Castes
    Articles338
    CompositionChairman, Vice-chairman, 3 other members
    Tenure & removal3 years
    Further appointmentYes
    PowersIt is a quasi-judicial bodyMonitoring and reporting about the implementation of constitutional safeguards for Scheduled CastesIt has a civil court’s powers
    • National Commission for Scheduled Tribes
    National Commission for Scheduled Tribes
    Articles338-A
    CompositionChairman, Vice-chairman, 3 other members
    Tenure & removal3 years
    Further appointmentYes
    PowersIt is a quasi-judicial bodyMonitoring and reporting about the implementation of constitutional safeguards for Scheduled TribesIt has a civil court’s powers
    • National Commission for Backward Classes
    National Commission for Backward Classes
    Articles338-B
    CompositionChairman, Vice-chairman, 3 other members
    Tenure & removal3 years
    Further appointmentYes
    PowersExamine complaints and welfare measures regarding socially and educationally backward classesIt has a civil court’s powers
    • Special officer for Linguistic Minorities
    Special officer for Linguistic Minorities
    Articles350 B
    CompositionCommissioner, Deputy Commissioner, Assistant Commissioner
    Tenure and removalPleasure of the President
    Further appointmentYes
    PowersMonitoring and reporting the working of constitutional safeguards for linguistic minorities
    • Union Public Service Commission
    Union Public Service Commission
    Articles315 – 323
    Composition9 to 11 members
    Tenure & removalPresently for 6 years or 65 years (whichever is earlier) whichever is earlier
    Further AppointmentUPSC Chairman is not eligible for a second term. Other members are eligible only for an appointment within SPSC and UPSC
    PowersRecruitment of All India Services, public services of centrally administered territories, Central services, advisory powers

    State Public Service Commission

    State Public Service Commission
    Articles315 – 323
    Tenure & removalPresently for 6 years or 62 years, whichever is earlier


    Statutory Bodies in India

    • Statutory bodies are established by acts that Parliament or State Legislatures.
    • Statutory bodies have the authority to make laws and make decisions on behalf of the state or country.
    • A statutory body is a self-governing corporate body. A statutory body is established via an Act of Parliament or an Act of State Legislatures. The Act also specifies the body’s powers, objectives, and functions.
    • These bodies are known as statutory bodies because they get their power from statutes or laws adopted by Parliament.
    • Statutory Bodies are divided into two types depending on their tasks and responsibilities. They are classified as:
      • Regulatory Bodies
      • Quasi-Judicial Bodies.
    • Regulatory Bodies – A regulatory body is a government entity responsible for exerting autonomous power over a specific area of human activity in a regulatory or supervisory role.
    • For example, the Biodiversity Authority of India (BAI), the Pension Fund Regulatory and Development Authority (PFRDA), and others.
    • Quasi-Judicial bodies – Non-judicial bodies that can interpret the law are referred to as quasi-judicial bodies. They vary from judicial entities in that their scope is narrower than that of a court.
    • For example, the National Green Tribunal, the National Human Rights Commission, and the Central Information Commission.

    Local Government

    • About:
      • Local Self Government is the management of local affairs by such local bodies who have been elected by the local people.
      • The local self-Government includes both rural and urban government.
      • It is the third level of the government.
      • There are 2 types of local government in operation – panchayatas in rural areas and Municipalities in urban areas.
    • Rural Local Governments:
      • Panchayati Raj Institution (PRI) is a system of rural local self-government in India.
      • PRI was constitutionalized through the 73rd Amendment Act, 1992 to build democracy at the grass roots level and was entrusted with the task of rural development in the country.
        • This act has added a new Part-IX to the Constitution of India. This part is entitled as ‘The Panchayats’ and consists of provisions from Articles 243 to 243 O.
        • In addition, the act has also added a new Eleventh Schedule to the Constitution. This schedule contains 29 functional items of the panchayats. It deals with Article 243-G.
      • In its present form and structure PRI has completed 30 years of existence. However, a lot remains to be done in order to further decentralization and strengthen democracy at the grass root level.
    • Urban Local Governments:
      • They were established with the purpose of democratic decentralisation.
      • There are eight types of urban local governments in India – Municipal Corporation, Municipality, Notified Area Committee, Town Area Committee, Cantonment Board, township, port trust, special purpose agency.
      • At the Central level the subject of ‘urban local government’ is dealt with by the following three Ministries.
        • The Ministry of Urban Development was created as a separate ministry in 1985 (now Ministry of Housing and Urban Affairs).
        • Ministry of Defense in the case of cantonment boards.
        • Ministry of Home Affairs in the case of Union Territories.
      • The 74th Amendment Act pertaining to urban local government was passed during the regime of P.V. Narsimha Rao’s government in 1992. It came into force on 1st June, 1993.
        • Added Part IX -A and consists of provisions from articles 243-P to 243-ZG.
        • Added 12th Schedule to the Constitution. It contains 18 functional items of Municipalities and deals with Article 243 W.

    What are the Salient Features of 73rd Constitutional Amendment?

    • Compulsory Provisions:
      • Organisation of Gram Sabhas;
      • Creation of a three-tier Panchayati Raj Structure at the Zila, Block and Village levels;
      • Almost all posts, at all levels to be filled by direct elections;
      • Minimum age for contesting elections to the Panchayati Raj institutions be twenty one years;
      • The post of Chairman at the Zila and Block levels should be filled by indirect election;
      • There should be reservation of seats for Scheduled Castes/ Scheduled Tribes in Panchayats, in proportion to their population, and for women in Panchayats up to one-third seats;
      • State Election Commission to be set up in each State to conduct elections to Panchayati Raj institutions;
      • The tenure of Panchayati Raj institutions is five years, if dissolved earlier, fresh elections to be held within six months;
      • A State Finance Commission is set up in each State every five years.
    • Voluntary:
      • Giving voting rights to members of the Central and State legislatures in these bodies;
      • Providing reservation for backward classes; and
      • The Panchayati Raj institutions should be given financial powers in relation to taxes, levy fees etc. and efforts shall be made to make Panchayats autonomous bodies.

    What are the Salient Features of 74th Amendment Act?

    • Compulsory:
      • Constitution of nagar panchayats, municipal councils and municipal corporations in small, big and very big urban areas respectively;
      • Reservation of seats in urban local bodies for Scheduled Castes / Scheduled Tribes roughly in proportion to their population;
      • Reservation of seats for women up to one-third seats;
      • The State Election Commission, constituted in order to conduct elections in the Panchayati raj bodies (see 73rd Amendment) will also conduct elections to the urban local self- governing bodies;
      • The State Finance Commission, constituted to deal with financial affairs of the panchayati raj bodies also looks into the financial affairs of the local urban selfgoverning bodies;
      • Tenure of urban local self-governing bodies is fixed at five years and in case of earlier dissolution fresh elections are held within six months;
    • Voluntary:
      • Giving voting rights to members of the Union and State Legislatures in these bodies;
      • Providing reservation for backward classes;
      • Giving financial powers in relation to taxes, duties, tolls and fees, etc;
      • Making the municipal bodies autonomous and devolution of powers to these bodies to perform some or all of the functions enumerated in the Twelfth Schedule added to the Constitution through this Act and/or to prepare plans for economic development.


  • Nikaalo Prelims Spotlight || Fundamental Rights/ DPSP/duties, Federal vs Unitary Features, Parliament/ Legislature, Supreme Court/ High Court


    Dear Aspirants,

    This Spotlight is a part of our Mission Nikaalo Prelims-2023.

    You can check the broad timetable of Nikaalo Prelims here

    Session Details

    YouTube LIVE with Parth sir – 7 PM  – Prelims Spotlight Session

    Evening 04 PM  – Daily Mini Tests

    Join our Official telegram channel for Study material and Daily Sessions Here


    10th May 2023

    Fundamental Rights/ DPSP/duties, Federal vs Unitary Features, Parliament/ Legislature, Supreme Court/ High Court

    Fundamental Rights

    Fundamental rights are given in Part III of the Indian Constitution from Articles 12 to 35. They are an essential feature of the Indian Constitution. These rights are necessary for the peaceful and dignified existence of the country’s citizens. The Indian Constitution that deals with the people’s fundamental rights are often described as the Magna Carta of the Indian Constitution.

    Fundamental rights are called fundamental because the Constitution guarantees them as its fundamental laws. The state cannot take away these rights from any individual. That said, there can be certain limitations to these rights. The Constitution of the United States inspires the Fundamental Rights in the Indian Constitution.

    The Fundamental Rights given by the Indian Constitution can be classified as:

    • Right to Equality

    The Fundamental Rights from Articles 14 to 18 deal with the right to equality. These rights ensure that everyone is treated equally without discrimination and equal employment opportunities.

    • Right to Freedom

    The rights from Articles 19 to 22 touch upon the concept of the right to freedom. Provisions in these articles deal with different kinds of personal freedom, choices, and dignity.

    Article 19 gives the freedom of six rights that include the right to free speech and expression, freedom of assembly, freedom of forming an association, freedom of movement, freedom of residence, and freedom of choosing any profession. 

    • Right Against Exploitation

    Articles 23 and 24 are provided from the concept of rights against the exploitation of individuals. These rights give the provisions to safeguard the people from the evils of human trafficking and child labour.

    • Right to Freedom of Religion

    The rights mentioned in Articles 25 to 28 give the people the freedom to practice, profess, and propagate their religious beliefs. The Indian Constitution was made with an idea of a secular state. However, unlike Western democracies, the Indian Constitution doesn’t isolate religion. Rather, it provides for the equal treatment of all religions.

    • Rights for the Minorities

    Articles 29 and 30 deal with minority rights. These rights provide for the protection of the language and culture of minorities and give them the freedom to manage educational institutions.

    • Right Relating to the Constitutional Remedies

    Often considered an essential right given to the people, Article 32 of the Constitution provides the right to move the Supreme Court to enforce any fundamental rights.

    Note: Article 31 of the Indian Constitution, which dealt with the Right to Property, was deleted as one of the Fundamental Rights by the 44th Constitutional Amendment Act of 1976. Following the amendment, the Right to Property was made legal and incorporated in Article 300-A.

    The Directive Principles of State Policy (DPSPs)

    The Directive Principles of State Policy or simply DPSPs are incorporated in Part IV of the Indian Constitution. The DPSPs are given from Article 36 to Article 51 in the Constitution.

    The Directive Principles refer to the ideals and principles that the state must consider while forming a policy or enacting a law in the legislative process.

    The Irish Constitution inspired the concept of DPSPs; however, the Irish Constitution was inspired by the Spanish Constitution. The articles dealing with the directive principles deal with various economic, social, and political principles.

    Some essential features of DPSPs are as follows:

    • The Directive Principles work as instructions for the state in making policies and enacting laws; in this sense, they are essential to the legislative system.
    • The DPSPs are non-justiciable and can’t be challenged in courts for their violation.
    • The state cannot be compelled to enforce the DPSP.
    • The courts can use DPSPs to determine the constitutional validity of a law of parliament.

    The Fundamental Duties

    The fundamental duties were not part of the original Constitution; it was only in 1976 when the Parliament of India found it necessary to add fundamental duties into the Constitution of India. 

    By the amendment of the Constitution in 1976, a new part was added in the Constitution as Part IV A. This part consists of only one article: Article 51 A. The idea of fundamental duties comes from the former USSR’s Constitution.

    Here are some key features of the Fundamental Duties:

    • There are different kinds of duties, such as moral and civic duties.
    • The Fundamental Duties are confined to the citizens of India only, unlike fundamental rights and DPSPs
    • Fundamental Duties are non-justiciable.
    • There is no legal provision or sanctions for the violation of fundamental duties.

    Federal Features – Indian Constitution

    The federal features of the Constitution of India are given below:

    Written Constitution:

    Features of the Indian Constitution is not only a written document but also the longest constitution in the world. Originally, it included a Preamble, 395 articles (22 parts), and 8 schedules.

    Dual Polity:

    The constitution establishes a dual polity that includes the union at the periphery. Each is endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution.

     

    Bicameralism:

    The constitution provides for a bicameral legislature in which an upper house (Rajya Sabha) and a lower house (Lok Sabha). Rajya Sabha represents the states of the Indian Union, whereas The Lok Sabha represents the people of India as a whole.

    Division of Powers:

    The Constitution divided the powers between the Center and the states in terms of the Union List, State List, and Concurrent List in the Seventh Schedule.

    Supremacy of the Constitution:

    The Constitution is the supreme law of the country. The laws made by the Center and the states should be in conformity with Provision. Otherwise, they may be declared invalid by the Supreme or High Court through its power of judicial review.

     

    Rigid Constitution:

    The division of powers established by the Constitution as well as supremacy of the constitution can be maintained only if the method of its amendment is rigid. It is necessary for both houses to agree to amend the constitution.

    Independent judiciary:

    The constitution establishes an independent judiciary headed by the Supreme Court for two purposes: one, to protect the supremacy of the constitution, and two, to settle the disputes between the Centre and states or between the states.

    Unitary features – Indian Constitution

    Besides the above federal features, the Indian constitution also possesses the following unitary features:

    Strong Centre:

    The division of powers is in favor of the center and unequal from a federal point of view. Firstly, the Union list contains more subjects than the state list, secondly, the more important subjects have been included in the union list and the Centre has overriding authority over the concurrent list.

    Single constitution:

    The constitution of India embodies not only the constitution of the Centre but also those of the states. Both the Centre and the States must operate within this single frame.

    States not indestructible:

    Unlike in other federations, the states in India have no right to territorial integrity. The parliament can change the area, boundaries, or name of any state.

    Emergency provisions:

    The emergency provisions are contained in Part XVIII of the Constitution of India, from Articles 352 to 360. In the emergency provisions, the central government becomes all-powerful and the states go into total control of the Centre.

    Single citizenship:

    Single citizenship means one person is the citizenship of the whole country. The constitution deals with citizenship from Articles 5 and 11 under Part 2.

    All India services:

    In India, there are all India services [IAS, IPS and IFS] which are common to both the Centre and the states. These services violate the principle of federalism under the constitution.

    Appointment of governor:

    The governor is appointed by the president. He also acts as an agent of the Centre. Through him, the Centre exercises control over the states.

    Integrated election machinery:

    The election commission conducts elections for central and state legislatures. But the Election commission is constituted by the president and the states have no say in this matter.

    No equality of state representation:

    The states are given representation in the upper house on the basis of population. Hence, the membership varies from 1 to 31.

    Integrated Judiciary:

    The term Integrated Judiciary refers to the fact that rulings made by higher courts bind lower courts. The Supreme Court of India incorporates all lower courts, from the Gram Panchayat to the High Courts. The Supreme Court is at the very top.

    Integrated Audit Machinery:

    The Comptroller and Auditor-General of India has an organization that is run by officials from the Indian Audit and Account Services, a central service that is responsible for not just the Union Government’s accounts and auditing, but also the accounts and auditing of the States.

    Veto Over State Bills:

    The governor has the authority to hold certain sorts of laws passed by the state legislature for presidential consideration. The President has the authority to refuse to sign such bills not only in the first instance but also in the second. As a result, the President has absolute (rather than suspensive) veto power over state legislation. However, in the United States and Australia, states are independent within respective fields, and no such reservation exists.

     

    Tabular Comparison of Parliament and State Legislature

    Union Parliament State Legislatures
    Bicameral  Mostly unicameral – only 6 states are bicameral
    Article 79 to122 in Part V of the Constitution Articles 168 to 212 in Part VI of the Constitution
    If a bill is introduced in a House, and it passes it, then the other House can:

     

    1. Pass the bill as it is.
    2. Reject the bill altogether.
    3. Pass the bill with some modifications and return it to the first House for reconsideration.
    4. Nothing is done to the bill for 6 months, which means both Houses are in disagreement.

    In this case, a joint sitting of both the Houses is convened and made, to break the constitutional deadlock.

    Note: In the case of Money Bills, which are to be introduced only in the Lok Sabha, the Rajya Sabha has restricted powers.

    The Legislative Councils (LC) have only advisory powers by and large.

     

    They have lesser powers when it comes to law-making.

    If a bill is introduced in the LC, which is passed by it, and it goes on to the Assembly:

    1. The Assembly rejects the bill.
    2. It passes the bill with some modifications which are unacceptable to the LC.

    In both the above cases, the bill comes to an end.

    However, if the bill originates in the Assembly, and it is either rejected or passed with modifications not acceptable by the LC, it does not come to an end.

    There is no provision for a joint sitting of the Council and the Assembly. In the case of a disagreement, the decision of the Assembly is deemed final.

    Note: Money bills can originate only in the Legislative Assembly.

    Members: Lok Sabha: 552 (Max.)

     

                     Rajya Sabha: 250 (Max.)

    Members: Legislative Assembly: Between 40 and 500

     

    Legislative Council: Not more than one-third of the membership of the State Legislative Assembly, and cannot be under 40.

    Election to the Rajya Sabha:

     

    Members are elected by the elected members of the State Legislative Assemblies by means of proportional representation by means of a single transferable vote.

    Election to the Legislative Councils:

     

    Members are elected by five different constituencies through a process of the single transferable vote system.

    1. ⅓ of the members are elected by the local authorities’ representatives (Gram Panchayats, Municipalities, Block Parishads, etc.)
    2. ⅓ of the members by the MLAs.
    3. 1/12 of the members are elected by the teachers (of secondary schools, colleges, and universities) in the state.
    4. 1/12 are elected by the graduates in the state.
    5. The remaining 1/6th are nominated by the Governor from persons having experience or knowledge in the fields of science, art, literature, social service, or cooperative movement.

    The Supreme Court of India

    The Supreme Court of India replaced the colonial era Federal Court of India, established in 1937 under the Government of India Act of 1935 and worked as the highest court of British India. In the constitution, provisions related to the organisation, jurisdiction, powers, procedures, independence, etc., of the Supreme Court are given from Article 124 to Article 147.

    Presently, the Supreme Court of India has 31 judges, including the Chief Justice of India.

    Judges of the Supreme Court

    The President of India appoints the judges to the Supreme Court; however, the Chief Justice of India is appointed by the President of India with consultation with the Supreme Court collegium. However, the President must consult the Chief Justice of India to appoint other judges to the Supreme Court.

    The Judiciary in India follows a collegium system for the appointments of the judges; in this system, a group of sitting judges recommends the appointments of the eligible candidates as the judge of the Supreme Court.

    Chief Justice of India

    The Chief Justice of India is the highest judicial officer in India. He/she is usually the senior-most judge of the Supreme Court. After the inauguration of the Supreme Court in 1950, traditionally, the senior-most judge of the Supreme Court has been appointed as the Chief Justice. However, in 1973 and 1977, the collegium recommended judges superseding the senior judges.

    Qualifications

    To be appointed as a judge of the Supreme Court of India, you must satisfy the following qualifications:

    1. A person appointed as a judge of S.C must be a citizen of India.
    2. A person appointed as a judge of S.C must have been a judge of a High Court of any Indian state for at least 5 years.
    3. A person appointed as a judge of S.C must have been an advocate of a High Court of any Indian state for at least 10 years.
    4. A person to appoint as a judge of S.C must be a distinguished jurist in the opinion of the President of India.

    The constitution of India does not provide for a minimum age requirement for the appointment as a judge of the Supreme Court.

    High Court of India

    The Indian judiciary system has followed a single integrated judiciary system; the High Court operates below the Supreme Court. Each state of India is provided with a High Court by the constitution of India. The functioning of High Courts is given under Article 214 to Article 231.

    All the High Courts consist of one chief justice and several other judges. The President determines the number of judges of the High Court; the President can change the number of judges in any High Court as necessary.

    Judges of the High Courts

    The President of India appoints the judges to the High Courts across the states. The President of India appoints the chief justice of a High Court after consulting the chief justice of India and the Governor of the respective state. In the appointment of other judges to the high court, the President of India consults the Chief Justice of the Supreme Court of India.

    When two or more states share a High Court (e.g., Haryana and Punjab), the governors of all concerned states are consulted by the President of India.

    Qualifications

    For a person to be appointed as a judge in any High Court of any Indian state, he/she shall satisfy the following qualifications:

    1. For a person to be appointed as a judge of H.C, he/she shall be a citizen of India.
    2. To become a judge of H.C, he/she should have held a judicial office for at least 10 years.
    3. To be appointed as a judge, he/she should have advocated the High Court for 10 years.

    The constitution of India does not provide for a minimum age requirement for appointment as a judge of the high court. The constitution also doesn’t provide for the President to appoint a jurist as the judge of a high court.


  • Nikaalo Prelims Spotlight || Separation of Powers, Parliamentary vs Presidential System


    Dear Aspirants,

    This Spotlight is a part of our Mission Nikaalo Prelims-2023.

    You can check the broad timetable of Nikaalo Prelims here

    Session Details

    YouTube LIVE with Parth sir – 7 PM  – Prelims Spotlight Session

    Evening 04 PM  – Daily Mini Tests

    Join our Official telegram channel for Study material and Daily Sessions Here


    9th May 2023

    Separation of Powers, Parliamentary vs Presidential System

    What is the Doctrine of Separation of Powers?

    • Separation of powers is the division of the legislative, executive, and judicial functions of government.
      • Article 50 says that states shall take steps to separate the Judiciary from the Executive.
    • The constitutional demarcation precludes the concentration of excessive power by any branch of the government.
    • The Indian Constitution lays down the structure and defines and determines the role and functions of every organ of the State and establishes norms for their inter-relationships and checks and balances.

    What are the Instruments of Checks & Balances?

    • Legislature Control:
      • On Judiciary: Impeachment and the removal of the judges. Power to amend laws declared ultra vires by the Court and revalidating it.
      • On Executive: Through a no-confidence vote it can dissolve the Government. Power to assess works of the executive through the question hour and zero hour.
    • Executive Control:
      • On Judiciary: Making appointments to the office of Chief Justice and other judges.
      • On Legislature: Powers under delegated legislation. Authority to make rules for regulating their respective procedure and conduct of business subject to the provisions of this Constitution.
    • Judicial Control:
      • On Executive: Judicial review i.e., the power to review executive action to determine if it violates the Constitution.
      • On Legislature: Unamendability of the constitution under the basic structure doctrine pronounced by the Supreme Court in Kesavananda Bharati Case 1973.

    What are the Issues with the Separation of Powers?

    • Weakened Opposition in India: Democracy works on the principle of checks and balances. It is these checks and balances that prevent democracy from turning into majoritarianism.
      • In a Parliamentary system, these checks and balances are provided by the opposition party.
      • However, the majority of a single party in the Lok Sabha has diminished the role of an effective opposition in the Parliament.
    • Judiciary Being Averse to Checks & Balances: The Supreme Court has held the 99th constitutional amendment, which provided for the establishment of the National Judicial Appointments Commission as ultra-vires.
      • The NJAC could guarantee the independence of the system from inappropriate politicization, strengthen the quality of appointments, enhance the fairness of the selection process, promote diversity in the composition of the judiciary, and rebuild public confidence in the system.
    • Judicial Activism: In many recent judgments, the SC has become hyper-activist in making judgements that are deemed as laws and rules. This transgresses the domain of legislature and executive.
    • Executive Excesses: Executive in India is alleged of over-centralisation of power, weakening of public institutions and passing laws to strengthen law, order & security of the state but curbs freedom of expression as well.

    Presidential System of Government

    In a presidential system, the head of the government leads an executive, that is distinct from the legislature. Here, the head of the government and the head of the state are one and the same. Also, a key feature is that the executive is not responsible to the legislature.

    Features of the Presidential System

    1. The executive (President) can veto acts by the legislature.
    2. The President has a fixed tenure and cannot be removed by a vote of no-confidence in the legislature.
    3. Generally, the President has the power to pardon or commute judicial sentences awarded to criminals.
    4. The President is elected directly by the people or by an electoral college. 

    Merits of Presidential System

    The advantages of the presidential system are given below:

    • Separation of powers: Efficiency of administration is greatly enhanced since the three arms of the government are independent of each other.
    • Expert government: Since the executive need not be legislators, the President can choose experts in various fields to head relevant departments or ministries. This will make sure that people who are capable and knowledgeable form part of the government.
    • Stability: This type of government is stable. Since the term of the president is fixed and not subject to majority support in the legislative, he need not worry about losing the government. There is no danger of a sudden fall of the government. There is no political pressure on the president to make decisions.
    • Less influence of the party system: Political parties do not attempt to dislodge the government since the tenure is fixed.

    Demerits of Presidential System

    The disadvantages of the presidential system are given below:

    • Less responsible executive: Since the legislature has no hold over the executive and the president, the head of the government can turn authoritarian.
    • Deadlocks between executive and legislature: Since there is a more strict separation of powers here, there can be frequent tussles between both arms of the government, especially if the legislature is not dominated by the president’s political party. This can lead to an erosion in efficiency because of wastage of time.
    • Rigid government: Presidential systems are often accused of being rigid. It lacks flexibility.
    • Spoils system: The system gives the president sweeping powers of patronage. Here, he can choose executives as per his will. This gives rise to the spoils system where people close to the president (relatives, business associates, etc.) get roles in the government.

    Parliamentary System of Government

    India chose a parliamentary form of government primarily because the constitution-makers were greatly influenced by the system in England. Another reason the founding fathers saw was that the parliamentary model would only work to accommodate the varied and diverse groups within our population. Also, the strict separation of powers in the presidential system would cause conflicts between the two branches, the executive and the legislature, which our newly-independent country could ill-afford.

    There are more parliamentary forms of government in the world than there are presidencies. In this system, the parliament is generally supreme and the executive is responsible to the legislature. It is also known as the Cabinet form of government, and also ‘Responsible Government’.

    Features of the parliamentary system

    1. Close relationship between the legislature and the executive: Here, the Prime Minister along with the Council of Ministers form the executive and the Parliament is the legislature. The PM and the ministers are elected from the members of parliament, implying that the executive emerges out of the legislature.
    2. Executive responsible to the legislature: The executive is responsible to the legislature. There is a collective responsibility, that is, each minister’s responsibility is the responsibility of the whole Council.
    3. Dual executive: There are two executives – the real executive and the titular executive. The nominal executive is the head of state (president or monarch) while the real executive is the Prime Minister, who is the head of government.
    4. Secrecy of procedure: A prerequisite of this form of government is that cabinet proceedings are secret and not meant to be divulged to the public. 
    5. Leadership of the Prime Minister: The leader of this form of government is the Prime Minister. Generally, the leader of the party that wins a majority in the lower house is appointed as the PM.
    6. Bicameral Legislature: Most parliamentary democracies follow bicameral legislature.
    7. No fixed tenure: The term of the government depends on its majority support in the lower house. If the government does not win a vote of no confidence, the council of ministers has to resign. Elections will be held and a new government is formed.

    Although India follows this system chiefly influenced by the British model, there are a few differences between the Indian and British systems. They are:

    • In India, the PM can be from either the Rajya Sabha or the Lok Sabha. In Britain, the PM will always be from the lower house, the House of Commons.
    • In Britain, the speaker once appointed, formally resigns from his/her political party. In India, the speaker continues to be a member of his/her party though he/she is expected to be impartial in the proceedings.
    • The concept of a shadow cabinet is absent in India. In Britain, the opposition forms a shadow cabinet that scrutinises the actions and policies of the government. It also offers alternative programmes.

    Merits of Parliamentary System

    The advantages of the parliamentary system are as follows:

    • Better coordination between the executive and the legislature: Since the executive is a part of the legislature, and generally the majority of the legislature support the government, it is easier to pass laws and implement them.
    • Prevents authoritarianism: Since the executive is responsible to the legislature, and can vote it out in a motion of no confidence, there is no authoritarianism. Also, unlike the presidential system, power is not concentrated in one hand.
    • Responsible government: The members of the legislature can ask questions and discuss matters of public interest and put pressure on the government. The parliament can check the activities of the executive.
    • Representing diverse groups: In this system, the parliament offers representation to diverse groups of the country. This is especially important for a country like India.
    • Flexibility: There is flexibility in the system as the PM can be changed easily if needed. During the Second World War, the British PM Neville Chamberlain was replaced by Winston Churchill. This is unlike the presidential system where he/she can be replaced only after the entire term or in case of impeachment/incapacity.

    Demerits of Parliamentary System

    The disadvantages of the parliamentary system are as follows:

    • No separation of powers: Since there is no genuine separation of powers, the legislature cannot always hold the executive responsible. This is especially true if the government has a good majority in the house. Also, because of anti-defection rules, legislators cannot exercise their free will and vote as per their understanding and opinions. They have to follow the party whip.
    • Unqualified legislators: The system creates legislators whose intention is to enter the executive only. They are largely unqualified to legislate.
    • Instability: Since the governments sustain only as long as they can prove a majority in the house, there is instability if there is no single-largest party after the elections. Coalition governments are generally quite unstable and short-lived. Because of this, the executive has to focus on how to stay in power rather than worry about the state of affairs/welfare of the people.
    • Ministers: The executive should belong to the ruling party. This rules out the hiring of industry experts for the job.
    • Failure to take a prompt decision: Since there is no fixed tenure enjoyed by the Council of Ministers, it often hesitates from taking bold and long-term policy decisions.
    • Party politics: Party politics is more evident in the parliamentary system where partisan interests drive politicians more than national interests.
    • Control by the bureaucracy: Civil servants exercise a lot of power. They advise the ministers on various matters and are also not responsible to the legislature.