Q11: Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws.
Ans: The Representation of the People Act, 1951 serves as a legal framework governing the organization of elections and resolution of election-related disputes. It outlines the process for addressing disputes arising from parliamentary or local government elections.
To handle election disputes, the process initiates with the submission of an election petition to scrutinize the legitimacy of the election results. This petition can be lodged in the respective High Court by any candidate or an eligible voter with a personal connection to the election. Furthermore, such a petition questioning the election's validity must be filed within 45 days following the declaration of results.
A candidate's election can be declared null and void if the High Court determines that:
For instance, in the 1985 case of Azhar Hussain v. Rajiv Gandhi, Azhar Hussain's election petition was dismissed by both the High Court and the Supreme Court due to a lack of evidence supporting the allegations of corrupt practices by the winning candidate.
If necessary, parties can also apply for a stay on the High Court's order with the High Court itself. The Supreme Court has the authority to grant a stay on the implementation of the High Court's order based on the appeals of aggrieved parties.
As illustrated in the 1975 case of Indira Gandhi v. Raj Narain, where Indira Gandhi's election was initially invalidated by the Allahabad High Court due to allegations of corrupt practices, she subsequently appealed to the Supreme Court, which upheld her election.
In summary, the Representation of the People Act, 1951 plays a vital role in ensuring the smooth operation of Indian democracy by facilitating organized elections and providing a mechanism for redressing grievances of concerned parties.
Q12: Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.
Ans: The Governor in India is a key figure in the state executive, empowered by the constitution to exercise various legislative functions outlined in part VI of the constitution. The Governor's exercise of legislative powers is subject to specific conditions:
In the 1987 DC Wadhwa Case, the Supreme Court emphasized that the executive's authority to promulgate ordinances should be used only in exceptional circumstances and not as a substitute for the legislature's law-making power. The 2017 Krishna Kumar Singh Case further ruled that re-promulgating ordinances constitutes a subversion of democratic legislative processes and is a violation of the Constitution.
The Indian Constitution upholds the separation of powers among the legislature, executive, and judiciary, with law-making entrusted to the legislature. However, in specific situations, the Governor can re-promulgate ordinances after addressing questions from the legislature regarding their urgency and absolute necessity.
Q13: "While the national political parties in India favour centralisation, the regional parties are in favour of State autonomy." Comment.
Ans: Centralization entails concentrating decision-making and planning in a single unit to ensure consistency in processes. It often involves consolidating power or authority. State autonomy, on the other hand, refers to the degree of control over resources independent of any central authority. There has been a conflict between national and regional political parties over issues such as development, representation at forums, and finances.
Political parties are categorized as national or state parties based on their performance in general elections for Lok Sabha or Vidhan Sabha. The criteria for being recognized as a national or state party are specified in the Election Symbols (Reservation and Allotment) Order, 1968.
National Political Parties favor centralization for several reasons:
However, centralization is often linked to the elimination of regional parties and issues. It gives precedence to matters concerning national security, demanding obedience and sometimes overlooking accountability and transparency. Therefore, centralization should not disregard regional concerns such as regional development and employment.
Regional parties, on the other hand, advocate for state autonomy due to the following reasons:
Regional parties in India argue that regional issues differ from national ones. However, the rise of regional parties has also led to the problem of horse trading of members, undermining the state's demand for autonomy and development for political gains. This situation is detrimental to democracy. Hence, it is crucial that the demands of regional parties align with India's unity and integrity.
Q14: Critically examine the procedures through which the Presidents of India and France are elected.
Ans: France stands as one of the early modern world republics, with India adopting the concept of republic from the French constitution. Both countries have executive heads of state, namely the Presidents of India and France, who hold ceremonial roles as commanders-in-chief of their armed forces.
Similarities in the election procedures of the Presidents of India and France include:
However, there are differences in their election procedures:
In conclusion, while there are both similarities and differences in the election procedures of the Presidents of India and France, their roles as heads of their respective republics, leading their nations toward growth, development, and social harmony, remain fundamentally similar.
Q15: Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct.
Ans: The Election Commission of India (ECI) is an independent constitutional body responsible for overseeing both Union and State elections in India. One of its pivotal tools in ensuring fair elections is the Model Code of Conduct (MCC).
The Model Code of Conduct comprises guidelines issued by the Election Commission to regulate the behavior of political parties and candidates in the run-up to elections. It is in effect from the announcement of the election schedule until the declaration of results.
The origins of the MCC can be traced back to the Kerala Assembly elections in 1960 when a 'Code of Conduct' was established by the State administration. The Election Commission then disseminated this code to all recognized political parties and State Governments during the 1962 Lok Sabha elections, where it was duly followed. In 1991, due to widespread violations of election norms and persistent corruption, the Election Commission decided to enforce the MCC more rigorously.
The ECI plays a crucial role in upholding the MCC. It ensures that ruling parties, both at the national and state levels, adhere to these guidelines. In cases of electoral offenses, malpractices, and corrupt activities such as voter inducement, bribery, intimidation, or undue influence, the Election Commission takes action against the violators. To enforce the MCC effectively, the Election Commission has implemented various measures, including the formation of joint task forces involving enforcement agencies and flying squads. Additionally, the introduction of the c-VIGIL mobile app allows citizens to report audio-visual evidence of malpractices.
It's important to note that the Model Code of Conduct does not have statutory backing. Nevertheless, its strict enforcement by the Election Commission has bolstered its significance over the past decade. Despite challenges posed by technological advancements, the Election Commission's initiatives in enforcing the MCC have proven successful in ensuring fair elections.
Q16: Besides the welfare schemes, India needs deft management of inflation and unemployment to serve the poor and the underprivileged sections of the society. Discuss.
Ans: India possesses a significant demographic dividend, ranking as the world's fifth-largest economy based on nominal GDP and the third-largest when considering purchasing power parity. However, India currently faces an inflation projection of approximately 6.7 percent. According to the CMIE report, the overall unemployment rate in India stands at 6.8 percent. Despite substantial investments in welfare schemes such as PM AWAS YOJANA, AYUSHMAN BHARAT, and MUDRA YOJANA, a substantial portion of India's population still lives in poverty.
The Need for Skillful Management of Inflation and Unemployment:
Required Steps
Challenges
The Path Forward
Q17: Do you agree with the view that increasing dependence on donor agencies for development reduces the importance of community participation in the development process? Justify your answer.
Ans: Donor agencies are entities that offer financial assistance in the realm of development. These agencies can be either domestic or international in nature, such as Japan International Cooperation, the World Bank, or the Bill and Melinda Gates Foundation. In recent times, development initiatives have increasingly relied on donor agencies due to the convenience of accessing funds they provide.
Nevertheless, this growing reliance on donor agencies, without fostering community participation, presents inherent risks. Community participation, in simple terms, involves engaging local stakeholders at the grassroots level in the development process.
In this context, the following key points should be considered regarding the operations of donor agencies:
To ensure an effective development process, community participation is essential. Consider, for instance, tribal areas. The most effective approach for their development involves involving the tribal communities through contributions of manpower, social audits, support for preserving their language and culture, and the promotion of a cooperative culture.
Relying solely on donor agencies represents a top-down approach to development that often diverges from the realities on the ground.
In conclusion, while donor agencies play a crucial humanitarian role, excessive dependence on them may lead to the neglect of domestic or local needs. In a way, this dependency can resemble colonialism, which hinders community participation. Therefore, a balanced approach that combines the efforts of donor agencies and local communities is more suitable for any development process.
Q18: The Right of Children to Free and Compulsory Education Act, 2009 remains indadequate in promoting incentive-based system for children's education without generating awareness about the importance of schooling. Analyse.
Ans: The Right to Education Act 2009 (RTE Act 2009) was passed by the Parliament of India on August 4th, 2009. It mandates free and compulsory education for children aged 6-14 years, as per Article 21(A) of the Indian Constitution. India is among 135 countries guaranteeing education as a fundamental right for every child.
Key Provisions of RTE Act 2009
Challenges in Achieving RTE Goals
Steps Needed for Creating Awareness
Despite being in effect for twelve years, RTE Act still faces challenges due to limited awareness. A digital media campaign can play a crucial role in changing this scenario, ensuring that deserving children receive quality education and essential resources. Increasing awareness will transform India's demographic dividend into an asset for the nation.
Q19: How will I2U2 (India, Israel, UAE and USA) grouping transform India's position in global politics?
Ans: I2U2, also known as the ‘West Asian Quad,’ comprises India, Israel, the UAE, and the US. Established in 2021, the group focuses on maritime security, infrastructure, and transport issues.
The formation of I2U2 has significant implications for India's global position:
In the realm of geopolitics, I2U2 leverages India's positive relationships with Israel, the Gulf, and the USA, facilitating economic and diplomatic growth. However, building confidence between Israel and the Arab world remains crucial. India can play a pivotal role as a communication channel, fostering trust and understanding between these entities.
Q20: 'Clean energy is the order of the day.' Describe briefly India's changing policy towards climate change in various international fora in the context of geopolitics.
Ans: India's approach to climate change policy has evolved significantly over time. Initially focused on energy security, the country has transitioned to a more proactive stance in promoting clean energy on a global scale, as evident in its diplomatic efforts at the Conference of Parties. India's commitment to net-zero emissions demonstrates its adherence to the principle of common but differentiated responsibilities.
India's historical respect for nature aligns with its commitment to the Paris Accord and the adoption of net-zero targets, highlighting its recognition of the importance of clean energy.
In this context, India's five-point Panchamrit agenda for addressing climate change, which includes ambitious goals related to renewable energy utilization, carbon emission reduction, and achieving net-zero emissions, underscores the nation's dedication to clean energy and its ambition to play a leading role.
India's global and geopolitical perspective, shaped by ongoing environmental challenges, is evident in its diplomacy at the United Nations Framework Convention on Climate Change (UNFCCC). India insists on not accepting legally binding targets, emphasizing its need for strategic autonomy in pursuing domestic development and determining its climate change and clean energy commitments.
In pursuit of enhancing its global stature and power objectives, India has shifted from a reactive to a participatory approach, particularly when comparing its response to the Kyoto Protocol and the Paris Agreement. India actively participates in various international initiatives such as the International Solar Alliance (ISA), the One Sun, One World and One Grid program, and the Lifestyle for Environment (LiFE) Movement, in alignment with its diplomatic efforts and recognition of clean energy's significance.
India has also voiced concerns about developed nations' reluctance to share essential technologies with developing nations to effectively address climate change challenges. Consequently, India has adapted its climate change policy in response to global developments, taking proactive measures to mitigate climate change issues while considering its geopolitical objectives.
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