Showing posts with label akhilesh jha ips Ex DIG. Show all posts
Showing posts with label akhilesh jha ips Ex DIG. Show all posts

Sunday, March 2, 2025

Problems of national integration of India after Independence

 Why is it in the news?

The Union Government imposed President’s rule upon Manipur on 13th February after the Chief Minister resigned. The state has been witnessing intense clashes between majority Meitai and minority Kuki communities since 2023, when the court  suggested that economic benefits and job quotas granted to kukis should also be extended to Meitai communities. It should be noted that more than 250 people died and 60 thousand people have been displaced. After the President’s rule, the state government extended the armed forces special powers Act (AFSPA) for an additional six months to tackle the unrest in Manipur. The ongoing classes between the two communities has led to the growing mistrust among them. The displaced population are living in adequate condition and so it is required that Manipur achieves long lasting peace. The violence between Meitai and Zo-Kuki tribal communities erupted because both the communities wanted to scramble major resources of the state. The continued violence between the two ethnic communities for more than two years is a reflection of the weak status of national integration in India. 


What is National Integration ?

1.National integration refers to the process of bringing together people from different political, social, cultural, religious, linguistic backgrounds within a nation to create a sense of unity, a feeling of oneness and collective identity. It promotes harmony and cooperation among citizens. 

2. It fosters unity while respecting diversity. It encourages coexistence and preserves cultural plurality. It is opposed to assimilation which stands for absorption of one culture into another, thereby, reducing diversity. It is a process where a minority group adopts the culture of the dominant group, thereby losing its own original identity. Thus, assimilation stands for homogenisation. It may be voluntary or forced. It stands for one country, one religion, one language, one culture and one ideology. For example, in the Islamic state of the medieval period, people of other religious denominations were converted into Islam. Those who were left to pursue their religion were called Zimmies, that is, protected people, second class citizens. 

In contrast National integration promotes unity in diversity whereby different religions, cultures, languages, ideologies coexist. 



Problems of National integration after independence ? 

1.Partition, communal riots and problems of rehabilitation - India became independent in 1947 but it was also divided between two countries of India and Pakistan on the basis of two nations theory. The partition triggered communal riots in the country. Atleast, 10 lakh people were killed, 60 lakh people were uprooted. More than 20 lakh people were injured, maimed and  mutilated. More than one lakh women were raped. The communal riots broke out in different parts of the country. Majority of Muslims were cleansed from eastern Punjab under India. Similarly, the majority of Hindus and Sikhs were cleansed from western Punjab under Pakistan. 

2. Merger of Princely states - There were 562 princely states on the eve of Independence of India. These princely states were given the option to choose either India or Pakistan or to become independent. All princely states except Junagarh, Hyderabad and Jammu & Kashmir chose to merge either with Pakistan or India. Junagarh was a princely state situated in Kathiawar region of the present day Gujarat. Its king was a Muslim Nawab while more than 90% of its people were Hindus. The Nawab opted to merge with Pakistan. Hyderabad was a princely state in which the majority of people speaking Telugu, Marathi and Kannada were living but it was headed by a Muslim Nawab. It took the stand to remain independent. On the other hand, Jammu & Kashmir had more than 75% Muslims but it was headed by a Hindu King called Harisingh. He made a stand still treaty with Pakistan and wanted that India should also sign a stand still treaty with him. Thus, he wanted to remain an independent king. He contended that the state of Jammu & Kashmir should be provided neutrality by both India and Pakistan.  


3.Prevalence of feudalism - The Britishers perpetuated feudalism in India by invoking permanent settlement in Bengal Presidency, Northern Madras presidency and Banaras. The Ryotwari system prevailed in the both Bombay and Madras presidency. The Mahalwari system was prevalent in the provinces of Agra, Awadh and Punjab.  On the eve of independence, more than 70% of the lands belonged to zamindars, merchants, traders, contractors and high government officials. While the maximum benefits from agriculture were accrued  by these elements, the maximum burden of more than 60% of the produce were exacted from  peasants,marginal farmers and sharecroppers. 

4. Reorganisation of administration - Because of the partition, the administration was also bifurcated on religious lines. And so it was incumbent to reorganise administration on an All India basis to control subversive elements.  

5. Demands of states on linguistic basis - There was clamour to reorganise states on linguistic basis. 

6. Formation of the constitution of India - The first sitting of the constituent assembly was held on 9th December 1946 in the undivided India. The mounting task for the constitution makers was to make the constitution which stood for all religious, linguistic, regional, ethnic, caste and creed groups.

7. Economic disparities - There were huge disparities between people. The wealth was concentrated in a few hands while 94% of the people were facing starvation. 

8. Caste and social division - Society was fragmented on the basis of caste and religion. High caste hindus treated scheduled castes and scheduled tribes as untouchables. 

9. Food scarcity - Because of the partition, there was acute food scarcity in India . Fertile lands of Punjab producing rice,wheat, cotton and jute went to Pakistan.  

10. Political instability on account of secessionist forces active in North East and communist in Telangana. - The entire north eastern states were on the boil. Nagas, Mizos, Kukis were bent upon seceding from India. 

11. Low agricultural and industrial growth - There was a near absence of change in the technological and production base of Indian agriculture. Indian peasants continued to use the primitive implements. They had been used for centuries. The use of inorganic fertilisers was virtually unknown. As of 1938-39, only 11% of all cropped land was under improved seeds, their use being largely confined to non-food cash crops. There was hardly any investment in terracing, flood control, drainage and desalination of soil. By the 1940s only 27% of the total cultivated area was irrigated. There was a decline in per capita agricultural production by 14% between 1901 and 1941. The fall in per capita food grains was over 24%. 

During British rule, Indian handicrafts and artisanal industries virtually collapsed on account of free trade imposed on India. Although modern industries developed in the second half of the 19th century but in terms of production and employment, the industrial development was stunted and paltry compared with that of the developed countries. The share of modern industries in national income at the end of the British rule was only 7.5%. There was a virtual absence of capital goods and machine industries. In 1950, India met about 90% of its needs for machine tools through imports. For want of industrial growth, most of the artisans crowded into agriculture as tenants sharecroppers and agricultural labourers. Moreover, industries were concentrated only in a few regions. This led to wide regional disparities in income. 

12. Poor infrastructure - Although Britishers developed roads and railways to connect different parts of the country, it was meant to take away raw materials from hinterland and to send them to ports for exports. The railways also spread manufactured goods from Britain in the hinterland of India. Major parts of India were devoid of better infrastructure and so there was less connectivity. 

13. Low level of literacy- On the eve of independence, only 18% people were literate. The female literacy rate was only 8%. If we bifurcate region wise, the illiteracy went more than 90% in the backward states of Bihar, UP, Odisha.  

14. An independent foreign policy to safeguard sovereignty and territorial integrity - After the end of the Second World War in 1945, the world was divided into two warring camps, one led by the US and other led by the Soviet Union. The cold war ensued between both camps. Both camps wanted India on their side. But India wanted to safeguard its independence and so it did not  oblige either of the camps. It pursued the policy of non-alignment in order to take decisions in international affairs on the basis of merit. 


What measures were taken to solve it ?

1. The Government of India took stern action against the elements who perpetuated communal violence in India. Within two years, the government could control communal violence. Hooligans were brought to book. Bad elements were sternly dealt with. 

2. About 60 lakh refugees were rehabilitated in different parts of India. They were provided necessary accommodation. 

3. The princely state of Junagarh was merged with the Union by invoking plebiscite. Hyderabad was merged with India through police action. Jammu & Kashmir was annexed with India when Maharaja Harisingh signed over the annexation of Jammu & Kashmir with the Indian Union on 26th October 1947. All Princely States were provided a privy purse for their upkeep. However, the privy purse was abolished by Indira Gandhi in 1969.

4.India dismantled the prevalence of feudalism by the abolition of Zamindari Act, 1951. The security of tenure of peasants was provided. Ceilings of lands were invoked. More than 60 lakh hectares of surplus land were distributed among landless labourers and marginal farmers. 

5. After independence, the administration was reorganised. All India services like Indian Administrative Service (IAS), Indian Police Service (IPS) and later Indian Forest Service (IFS) were created. In addition, several central services and provincial services were created to make the administration effective and efficient. 

6. States were created on the basis of language. Andhra Pradesh was carved out from Madras Province in 1953 for Telugu speaking people. The State Reorganisation Commission headed by Justice Fazal Ali in 1956 recommended the reorganisation of provinces on the basis of language. It created 14 provinces and 6 Union Territories. Thus, Madhya Pradesh was created for Hindi speaking people by carving out  Mahakoshal, Madhya Bharat, Rewa and Bundelkhand. Bombay province was divided into Marathi speaking Maharashtra and Gujarati speaking Gujarat states. In 1963, a separate state of Nagaland was carved out from the state of Assam  to appease Nagas. In 1966, Punjab was divided into Haryana and Punjab on the basis of language.  Similarly, on the basis of ethnicity, Meghalaya, Manipur, Mizoram, Tripura were created. 

7. Constituent assembly made the constitution of India which professed secularism, socialism, democracy and sovereign republic. Secularism was meant to promote religious harmony among people. Under article 25 of our constitution, every citizen of our country was given the right to promote, profess and propagate their religions. No religious teachings can be done in the government institutions or institutions added by the government. It prohibits the use of state funds for religious purposes. The government cannot impose taxes for promoting any particular religion. It allows religious denominations to manage  their own religious affairs. Moreover, in the case of Kesavananda Bharati vs Union of India (1973), the Supreme Court held secularism as the basic structure of the constitution. Socialism meant for reduction of concentration of wealth and provision for the equitable distribution of the wealth under article 39 B and C. However, government failed to tackle the concentration of wealth so much so that top 1% people have 22% of the national income and 44% of the national wealth of India. 

8. The government launched Five year plans to promote all round development of the economy, to reduce income disparity, to promote growth in the economy by boosting agricultural, industrial and infrastructural growth. In 1991, the government opened the economy because of the crisis of foreign exchange. It reduced tariffs from 80% to 25% on imported goods. Public sector undertakings were disinvested. Foreign Direct Investments were invited. All these efforts led to higher growth in the economy. 

9.An effort was made to bridge the gap of social division by making untouchability an offence. In 1955, the government made a Civil Protection Act whereby untouchability in any form was made a punishable Act. Later on, in 1989, the government enacted Scheduled Caste Scheduled Tribes Prevention of Atrocities Act whereby both these vulnerable communities were empowered. Residential schools were opened for the education of the children of SCs/STs. Scholarships were provided. To bring them into the mainstream, they were provided 15% and 7.5% reservation respectively in government jobs. Similarly, 84 seats were reserved for SCs and 47 seats were reserved for STs in the Lok Sabha. Similar reservations were provided in state assemblies. 

10.The government took steps to tackle food scarcity in India arising out of partition. It made a treaty with the US under PL 480 whereby cheap foods were imported from the US to feed the masses. In addition, the government launched the Green Revolution in the state of Punjab, Haryana and Western UP by introducing high yielding varieties of seeds, massive use of fertilisers and pesticides, provisions of irrigation, mechanisation of farming, consolidation of holdings , provisions of markets for the sale of agricultural produce and minimum support price. These measures transformed a food deficit India into a food exporting one.  

11. By the mix of military action and peace talks, the secessionist forces in the north east were subdued. Similarly, communists in Telangana were brought into the mainstream by participating in parliamentary elections. They shunned violence.  

12.In the First Five Year Plan, the focus was on the growth of agriculture. Agricultural sector grew by 4%. In the Second Plan, the emphasis was upon heavy industries. India established steel plants at Bokaro, Bhilai, Durgapur, Rourkela and Salem. Now it is the second largest steel producing country in the world after China. 

13.The government launched Sarv Shiksha Abhiyan (Universalisation of Education) in 2001. Earlier, the National Literacy Mission was launched in 1988 to achieve 75% literacy. The Mid day meal scheme was launched in 1995 which provided free lunches in school to improve enrollment and nutritions. The government enacted the right to education as a fundamental right for children aged between 6 to 14 years. In 2015, Beti Bachao Beti Padhao was launched to focus upon improving girl child education. The national education policy 2020 aimed at mother tongue education, vocational training and digital learning. Digital India education initiative was launched in 2015 to promote online education and digital literacy. Efforts of the government bore fruit. Literacy rates increased from 18.3% in 1951 to 77.7% in 2022. The female literacy of 8.9% in 1951 went to 70% in 2022. Gross enrollment ratio in primary education is now over 95% . However, there is a regional disparity in the literacy rate. While Kerala has the highest literacy rate of 96%, Bihar has only 61.8%. There is a gender gap in female literacy while male literacy is 84%, female literacy is 70%. Moreover, dropout rates are very much prevalent in SCs/STs students in secondary and higher secondary schools. 

14. The government initiated non-alignment in matters relating to foreign affairs. It did not align with either of the blocks and embarked upon an independent policy based upon merit. The basis of India’s foreign policy is Panchsheel which comprises mutual respect for territorial integrity and sovereignty, non-aggression, non-interference in internal affairs, equality and mutual benefit and peaceful coexistence. India stands for multipolar world order instead of aligning with one block. It supports multilateralism through the UN, WTO, BRICS, G-20, SCO and QUAD. In short, India aims to become a dominant power in the 21st century. 


Conclusion

1. Primordial loyalties like caste based social hierarchy, religious divisions, regional disparities, linguistic chauvinism , ethnic strife, and stiff competition among sects are stumbling blocks to national integration. In spite of the government efforts, the caste system did not weaken. While the vertical caste system dismantled, horizontal caste solidarity is on the rise. Different Plans and NITI Ayog so far failed to curb regional disparities so much so that the per capita income of Bihar is ten times less than that of Goa. While, southern and western states have progressed at fast speed, the northern and eastern states like Bihar, UP, Jharkhand, Odisha, Madhya Pradesh and North Eastern states are lagging far behind. The government has been successful by carving out linguistic states but still there are certain pockets in India which clamour again for separate states on the basis of language. Moreover, Southern states are dead against the imposition of Hindi and three language formulas. The ethnic striving is still on the rise. An example is the ongoing violence between Meitei and Kuki tribes. Similarly, Bodos are at loggerheads with Assamese. 

2. Religious divisions between Hindus and Muslims are on the rise. Mob lynching of Muslim religious community has become the frequent occurrences . Political participation of minority communities and specially Muslims are on the wane because of the rise of Hindutva ideology. 

2.Different sects have no love lost among them. So Shia, Sunni, Ahmadiya, Barelvi, Deobandi, Bohras are jockeying for power and prestige within their religious denominations. Similarly, Vaishnavas Shaivas, Shaktas, Smarths and Nathpanthis are trying to get upper hand in power, pelf and prestige within the Hindu religion. It is therefore imperative that religious harmony and ethos of secularism are strengthened. Regional imbalances are reduced. Cultural tolerance and multilingualism are promoted. Awareness programmes should be launched to combat fake news propaganda, hate speech, rumours meant to divide the society. Stringent actions should be taken against hooligans and bad elements who are bent upon perpetuating disinformation in the society.  


Tuesday, November 5, 2024

Is the Indian Constitution a federal structure ?

 Why is it in the news?



Hon’ble Shri DY Chandrachud, the Chief Justice of India, while delivering inaugural Lok Satta lecture in Mumbai on 26th October, said “States and union are both creatures of the constitution. They must act in deference to their legislative boundaries in finding meaningful solutions to modern day problems. Our ability to address these challenges is the litmus test for our imperfect federalism and the framers’ faith in it. If federalism in the years gone by was about adjusting to political realities in terms of legislative powers, in the years to come should be evaluated based on its ability to foster democracy and constitutional ideals of equality, liberty, dignity and fraternity. “



Introduction

The Indian Constitution does not use the word federation. Instead, it uses the term union. Article 1 says that India, that is , Bharat shall be a union of states. It means that unlike federation, the central government is not the outcome of agreement among federating units. Secondly,  the federating units have no right to secede from the central government. However, the Indian constitution postulates a federation with a centralising tendency. In the Bommai case (1994), the Supreme Court laid down that the constitution of India is federal and federalism is its basic feature. The court held that the states have independent constitutional existence. They are not subordinates or agents of the centre. Within the sphere allotted to them, states are supreme. 



What is Federalism ?

1.Federalism pre-supposes a dual government where both central and the state governments derive their power from the constitution. The power is divided between the national and state governments with clear boundaries. Secondly, it has a written constitution where both central and state governments have defined jurisdictions.  An independent judiciary which acts as the guardian of the constitution. Bicameral legislature is established whereby the second chamber represents the interests of the states. Federalism pre-supposes a rigid constitution so that no constitutional amendment can be made by ordinary legislation. In a federal structure, supremacy of the constitution is of paramount importance and thus, whenever Parliament or State legislature exceeds its power or does not conform to the provisions of the constitution, the laws passed by the Parliament or state assemblies are struck down. 

2.On the contrary, in a unitary government, all powers are vested in the central government. Moreover, the central government creates regional governments like in the UK. 



Federal features of the Indian Constitution

1.The constitution of India establishes a dual polity consisting of the union and state governments. At present, there are 28 states. They have been assigned powers separately. They are not subordinate to the Union Government. While, the Union Government deals with foreign, defence, currency, communication and so on the state governments have been bestowed with to work for regional interests like public order, agriculture, health, local self government, police etc. 

2. The Seventh Schedule of the constitution of India consists of three lists - The Union List comprising 100 subjects, the State List comprising 59 subjects and the Concurrent List comprising 52 subjects. Both the central and state governments can make laws on the subjects included in the concurrent list. But in case of any conflict, the laws made by the Parliament would supersede the laws made by state assemblies under concurrent lists. However, unlike the US constitution, the residuary subjects are vested in the central government. 

3.Our constitution clearly gives its supremacy. Thus, in case the Parliament or State Legislature exceeds its powers or its limitations, the laws passed by the legislature or parliament are declared null and void by the Supreme Court under judicial review. 

4. Ours is a written constitution. The constitution was drafted and prepared by the constituent assembly represented by 299 members from the nook and corner of the country. It contains 470 articles and 12 schedules. The constitution has clearly discussed and demarcated  the structures and functions of the central, state and local governments. 

5.Our constitution is a mixture of flexibility and rigidity. While some of the provisions of the constitution can be amended by both Houses of the Parliament with special majority, the federal structure like the central state relations, judiciary, inter-state commerce can only be amended by both Houses of Parliament and  the concurrence of half of the state legislature by the simple majority. 

6. Our constitution has made provisions for an independent judiciary by securing the tenures of judges, fixed conditions of service and independence from the executive. It has also been assigned the task to settle the disputes between the union and the state governments or between state governments. 

7. Our constitution lays down a bicameral legislature consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha). While the Lower House is elected on the basis of universal suffrage, the Upper House is represented by states to protect their interests.  

8.The judicial intervention by the Supreme Court further strengthened the federal features of our constitution. For example, the Supreme Court held that a bill passed by the state legislature and presented before the Governor for his assent, cannot withhold the bill indefinitely. Rather a Governor can withhold with the assent of the bill only to send it for reconsideration, thereby circumscribing the discretionary power of the Governor.   Similarly, in the Bommai case (1994), the Supreme Court held that the test of the majority can only be held at the floor of the House, thereby, limiting the misuse of article 356 by the Governor for the imposition of  the President’s Rule in the state. 

9. Assertion of autonomy by states, demand for more financial grants by the states from the divisible pool of the central proceeds, disputes between states over the sharing of river water, territorial disputes between different states, creation of new states and finally emergence of regional parties to reduce regional disparities and for balanced regional development are some of the important federal trends that are being reflected in the working of the constitution of India for the last 75 years. 


Centralising features of the constitution of India  

There are certain centralising features which contrast the Indian constitution from the US constitution in so far as  the federal features are concerned. These are 

  • Emergency Provisions under articles 352, 356 and 360

  • Integrated judiciary 

  • All India Services 

  • Integrated audit system

  • Integrated election commission

  • Appointment/ Powers and Functions of Governor

  • Parliament's authority even in the matters relating to the state list

  • Single citizenship 

  • Single constitution

  • No equality of state representation in the Rajya Sabha

  • More powers to the union government than state governments 

  • The President enjoys absolute veto over state bills 


Conclusion

1. The Indian constitution postulates cooperative federalism where the union and state governments work together to iron out the differences that arise in governance to achieve the common goal of development. 

2. The states are in no way dependent upon the centre for the legislative or the executive authority. Both the centre and the state derive their power from the constitution itself. 

3.However, to strengthen the unity and integrity of India, certain exceptional provisions were made to face the challenges in abnormal/ exceptional situations so that in case of emergencies , India acts as a single powerful body. That’s why provisions of emergency, flexibility in the amendment of the constitution and a strong central government have been made. 


Tuesday, October 22, 2024

Reorganisation of States and Union Territories after Independence

 Why is it in the news ?
1. The J & K cabinet led by Chief Minister Umar Abdullah passed a resolution calling for the restoration of the statehood to the Union territory. However, the opposition party criticised the move as the resolution did not take into account the restoration of article 370, giving special status to J & K. 
2. It should be noted that on 5th August 2019, the Union Government abrogated article 370 and thus, snatched away the special status accorded to it by the constitution of India. In addition, the province of J & K was split into two union territories of J & K with legislative assembly and Ladakh with no legislative assembly. 
3. J & K lieutenant Governor Shri Manoj Sinha has cleared the resolution passed by the Umar Abdullah cabinet urging the centre to restore the statehood to the Union Territory. 
4. The official statement said that the restoration of statehood will be the beginning of a healing process, reclaiming the constitutional rights and protecting the identity of the J & K. 
5. The cabinet has authorised the chief minister to take up the matter with the Prime Minister and Government of India for the status of statehood. It has been learnt that the newly elected Chief Minister Umar Abdullah would be proceeding to New Delhi in the coming days to meet the Prime Minister and Union Ministers in this regard. 
6. The downgrading of a state into a Union Territory was the first example in independent India. There are many examples when union territories were upgraded to statehood like Himachal Pradesh, Mizoram, Manipur, Tripura, Goa, Arunachal Pradesh. The contention of the Union Government was that the special status of J & K and downgrading of the state to union territory was done to control separatist forces in the valley. It was necessary to check Pakistani sponsored terrorist activities into the valley. 


History of reorganisation of states and Union Territories in India
1. India is a vast country. It cannot be run from one centre. So to run the administration smoothly, the country has been divided administratively into different provinces. 
2. In the Mauryan Period, there were four provincial centres headed by the scions of the royal family. These centres were Takshila near Peshawar Pakistan, Ujjayini (Malwa), Tosili (Odisha), Suvarngiri (Karnataka).
3. The Sultans of Delhi introduced the Iqta system headed by Mukti or Wali. Later on, these Iqtas became provinces. During the period of Allauddin Khilji, provinces of Bengal, Bihar, Punjab, Badaun (UP), Gujarat, Malwa and Deccan came into existence. 
4. During the Mughal Period, there were 15 provinces during the regime of Emperor Akbar, which increased to 21 during the period of Aurangzeb when he annexed Bijapur, Golkonda, Assam. During the Mughal Period prominent provinces were : Delhi, Agra, Lahore, Bengal, Gujarat Deccan, Bihar, Multan, Malwa, Awadh and Kabul. 
5. During the British Period, India was divided into British India directly controlled by the British Government and Princely states indirectly controlled by it. In British India, there were 12 provinces called Bengal Presidency, Bombay Presidency, Madras Presidency, United Provinces, Punjab, Bihar, Odisha, Central Provinces and Berar, Assam, North West Frontier Province, Sindh, Balochistan, Ajmer-Merwara. Important Princely states were Hyderabad, Kashmir, Mysore, Baroda, Travancore, Bhopal. 
6. After independence there was sharp demand from the Southern States to reorganise states on the basis of language. The union government appointed S K Dhar and later on the J V P (Jawaharlal Nehru, Vallabh Bhai Patel, Pattabhi Sitaramayya) committee. Both committees rejected the reorganisation of states on linguistic basis. 
After the annexation of Princely States into India, the territory of India was reorganised into four categories in 1950.
Part A : Assam, Bihar, Bombay, Madhya Pradesh, Madras, Odisha, Punjab, United Province, West Bengal.
Part B : Hyderabad, J & K, Madhya Bharat, Mysore, Patiala and East Punjab, Rajasthan, Saurashtra, Travancore and Cochin, Vindhya Pradesh. 
Part C : Ajmer, Bhopal, Bilaspur, Cooch Behar, Coorg, Delhi, Himachal Pradesh, Kutch, Manipur, Tripura.
Part D : Andaman & Nicobar island.
7. In 1953, the Union Government was forced to reorganise Andhra Pradesh by carving out the Madras Presidency for Telugu speaking people on account of the death of P Sriramulu of 56 days long hunger strike. 
8. The union Government appointed the Fasal Ali commission consisting of Justice Fazal Ali as chairman , K M Panikar and H N Kunzru as its members. On the basis of the recommendation of the commission, 14 states and 6 UTs were reorganised on 1st November 1956. These states were Andhra Pradesh,  Assam, Bihar, J & K, Kerala, Madhya Pradesh, Madras, Mysore, Odisha, Punjab, Rajasthan, Uttar Pradesh, West Bengal. Six Union Territories were Andaman & Nicobar Islands, Delhi, Himachal Pradesh, Lakshadweep , Manipur, Tripura. Thus, the distinction between Part A and Part B states was removed. Part C states were abolished. Some of them were merged with adjoining states while others were made Union Territories. For example, Ajmer was merged with Rajasthan, Bhopal with Madhya Pradesh, Bilaspur with Himachal Pradesh, Cooch Behar with West Bengal, Coorg with Karnataka, Kutch with Gujarat. While Delhi, Himachal Pradesh, Manipur, Tripura were made Union Territories because of their strategic locations. Similarly, Part B state of Hyderabad was merged with Andhra Pradesh, Madhya Bharat with Madhya Pradesh, Mysore with Karnataka, Patiala and East Punjab with the Punjab Province, Saurashtra with Gujarat, Travancore Cochin was merged with a new state Kerala, Malabar District of Madras and Kasargod district of South Canara were merged with Kerala. 
9.In 1960, the Bombay province was divided into Marathi speaking Maharashtra and Gujarati speaking Gujarat State. 
10. Dadra & Nagar Haveli were liberated in 1954 from Portuguese control. It was made an Union Territory in 1961. In 2020, this Union Territory was merged with Daman & Diu. 
11. The Portuguese enclave of Goa, Daman & Diu were liberated in 1961. It was made a Union Territory in 1962. In 1987, Goa got statehood. 
12. The French Government handed over its enclave of Puducherry, Karaikal, Mahe and Yanam in 1954. In 1962, it was made a union territory. In 1963, Nagaland was carved out from Assam to make it a separate state. In 1966, Punjab Province was divided into Punjabi Speaking Punjab and Hindi Speaking Haryana. Chandigarh was made the joint capital of both the states. 
13. In 1972, Union Territories of Manipur, Tripura and Sub State of Meghalaya got statehood while Mizoram and Arunachal Pradesh accorded the status of Union Territories. These two union territories became full states in 1987. 
14. Sikkim became the 22nd state of India in 1975. In 2000, three states came into existence. Uttarakhand was carved out from Uttar Pradesh, Jharkhand from Bihar and Chhattisgarh from Madhya Pradesh. 
15. In 2014, Telangana was carved out from Andhra Pradesh. In 2019, J & K lost its statehood and was downgraded to UT. A separate Union Territory of Ladakh was carved out from J & K.
16.Thus, as of now there are 28 states and 8 Union territories in India.
Causes for the demands of new States in India after Independence
1.Linguistic and Cultural identity - States like Andhra Pradesh, Gujarat, Maharashtra, Haryana were carved out to meet the linguistic and cultural identity of the people. 
2. Ethnic affinity - States like Nagaland, Arunachal Pradesh, Mizoram, Manipur, Meghalaya, Tripura were made to meet the aspirations of different ethnic communities. The Bodo people of Assam are agitating for separate Bodo land to preserve their ethnic identity. 
3. Economic disparities - States like Uttrakhand, Chhattisgarh, Telangana were created to undo the economic disparities in those regions. People of Vidarbha (Maharashtra), Eastern UP, Mithalanchal in Bihar are agitating for separate statehood because of the economic regional disparities. 
4. Tribal identity - States like Jharkhand and Chhattisgarh were created to meet the aspirations of tribals of those regions where they constitute a large number. The people of Gorkhaland have been agitating for separate statehood to preserve their cultural identity. 
5. Administrative Efficiency -  When a state is very big, it becomes difficult to administer efficiently. That’s why, there is a demand to bifurcate UP in four parts and Rajasthan in two parts. 
Difference between States and Union Territories 
1. Under our constitution, states have got a separate division of power under schedule VII of our constitution. While state assemblies can make laws on subjects listed in State and concurrent list, the Union Parliament can make laws on the subjects included in the Union List. 
Union Territories are directly governed by the Central Government through an Administrator or lieutenant Governor. Delhi, Puducherry and J & K have legislative assemblies but their legislative power is limited when compared to states. For example, the central Government has exclusive jurisdiction in matters relating to land, public order and police in the Union Territory of Delhi. Similarly, In J & K, the central Government has exclusive jurisdiction over security , police and public order. 
2. Except Delhi, Jammu & Kashmir and Puducherry, other Union Territories have no right to send MPs to Rajya Sabha like States. 
3. States have authority to collect certain taxes and receive a share of central taxes based on the recommendation of the finance commission. On the other hand Union Territories are generally more financially dependent upon the central Government.
4. Heads of the states are Governor while head of UTs is the President of India who governs UTs through Lieutenant Governors or Administrators. 


Constitutional Provision

1.According to Article 1 of our constitution, India, that is, Bharat, shall be a union of states. The term union implies that no state has the right to secede from the Union. Nor Union has been made by the agreements among different units (states). The term federation was deliberately not applied in our constitution. Thus, the Union Government is indestructible made of destructible states. Unlike the US, the Parliament is authorised under article 3 to form a new state by separation of territories from any state by uniting two or more states or parts of states or by uniting any territory to a part of any state. The Parliament has power to increase the area of any state, diminish the area of any state and alter the boundaries of any state or alter the name of any state. The changes in the composition of the state can be made by a simple legislation process, It has not to go through constitutional amendment process under article 368. 

Article 3 lays down two conditions in this regard. 

  • A bill contemplating any above changes can be introduced in Parliament only with the prior recommendation of the President.

  • The President has to refer the same to the state legislature for expressing its views for the specified period. According to the 18th constitutional amendment Act,1966, the Parliament has been empowered to form a new state or Union Territory by uniting a part of any state. The President is not bound by the views of the state legislature or may either accept or reject them. Thus, Parliament is authorised to redraw the political map according to its will. The union Government can destroy the state or UT while states or union territory cannot destroy the Union. In the USA, the territorial integrity of States is guaranteed by the constitution and so no alteration or changes in the composition of states can take place without the consent of the concerned states. 

  • However, Parliament cannot cede any territory of India to any foreign country after the constitutional amendment under article 368. 


Way Out 

1. The Government has launched several measures to address regional disparities in India. It has started a special area development programme, providing incentives to promote investment in backward areas. Major financial institutions are providing concessional finance to backward areas. The Central Government is giving income tax concession, transport subsidy and investment subsidy to the entrepreneurs, and employment opportunities to people below poverty line, especially  SCs/STs in backward regions. Government has instituted backward regions grant funds to meet rural infrastructure needs. Similarly, the North Eastern region is being given top priority to accelerate development there. However, in spite of the efforts of the Government since the First five year plan, the regional disparities could not be reduced. There is a huge disparity between Northern and Southern Regions. Similarly, there is a big disparity between the different parts of a state. This causes resentment and clamour for separate statehood. Similarly, tribal councils under Fifth and Sixth schedule should be strengthened so that tribals are connected with the mainstream of the administration. However, the one state-one language formula must be discouraged. The future states must be carved out taking into account administrative efficiency, cultural homogeneity and emotional bonding of the people of a particular region.  


Tuesday, June 25, 2024

Powers and Functions of the Speaker of Lok Sabha.

 


Why is it in the news ?

1.After the general election, there is a provision to elect a member of Lok Sabha as the Speaker from amongst its members. The election of the Speaker is scheduled on 26th June 2024. Before the election of the Speaker, Bhartruhari Mehtab was appointed as pro-tem speaker by the President of India.  His function would be to administer oath/ affirmation to the newly elected members of the 18th Lok Sabha and to conduct the election of new Speaker. 

2.Although there is no provision of the pro-tem Speaker in the constitution, the handbook on the working on Parliamentary affairs mentions appointment and swearing-in of pro-tem Speaker. By convention, it is the senior most MP who has served maximum terms in the Lok Sabha should be appointed as the pro-tem Speaker. Congress objected to the appointment of Mr. Mehtab who is the seven time member of Lok Sabha. While K. Suresh from the Congress is the eighth time member of Lok Sabha.  Congress alleges that the convention of appointing MP with maximum terms in Lok Sabha has been thus broken. 



Election of the Speaker - 

1.According to article 93, Lok Sabha chooses Speaker and Deputy Speaker from among its members. All the Speakers in the independent India have been elected unopposed. 

2.The Speaker is elected by the members of the Lok Sabha by simple majority. He can be removed by the effective majority of members of the Lok Sabha, present and voting. This means that according to article 92 of the constitution, the Speaker can be removed by an effective majority +1. Effective majority means total strength minus vacancies. For example, if the Lok Sabha has a total strength of 550 members and if there are 7 vacancies, the effective strength would be 543 members. In order to remove the Speaker 271+1 = 272 members must vote against him. But prior to moving the resolution for the removal of the Speaker, a 14 days advance notice must be issued to him to this effect. Normally, a ruling party member is elected as Speaker. But during the period of coalition government, a member from other parties can also be elected as the Speaker. 

3.The Speaker can also be removed on being disqualified from being a Lok Sabha member under section 7 and 8 of the Representation of People’s Act, 1951. 

4.He can also tender his resignation on his own to the Deputy Speaker of the Lok Sabha. 


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Power and Functions of the Speaker-

1.He enforces discipline and decorum in the House. 

2.He decides the agenda for Parliamentary meetings.

3.He permits motions such as adjournments, no confidence and censure. 

4.He ensures quorum (the presence of 1/10th members of the House) of the House. If quorum is not available, he adjourns the House.

5.He has the power to punish members who indulge in unruly behaviours. 

6.He constitutes several committees like business advisory committee, rules committee and general purpose committee and these committees work under his supervision. 

7.He is the guardian of the rights and privileges of the House, its committees and members. It is his sole privilege to refer a question of the breach of privilege to the Committee of Privilege for proper inquiry and report. 

8.The Speaker is the head of the Lok Sabha Secretariat. He manages the administrative and security arrangements of the Parliament complex. 

9. He is the sole authority to decide whether a bill is a money bill or not. 

10.In case of deadlock between two Houses in respect of ordinary bills, he is empowered to preside over the joint sitting of Parliament under article 108 of our constitution. 

11.In the case of Kihoto Hollohan vs Zachilhu, 1993, the Supreme Court of India held that the decision of the presiding officer is not final and is subject to judicial review on the basis of malafide and perversity. 

12.In Nabam Rabia vs Deputy Speaker case,2016, the Supreme Court of India held that the Speaker will be disabled from deciding disqualification petition under anti defection law, if notice for his removal is pending. 

13. Similarly, in 2023, the Supreme Court in Subhash Desai vs Principal Secretary, Governor of Maharashtra case, 2023, directed the Maharashtra assembly Speaker to set a timeline for the disqualification of the MLAs. 

14. Similarly, in 1994, the Supreme Court of India held that a majority can be tested only on the floor of assembly and not otherwise. 


                                                Speakers of Lok Sabha

1.G V Mavlankar - 15 May 1952 to 27th February 1956.

2.M A Ayyangar - 8th March 1956 to 10th May 1957, 11th May 1957 to 16th April 1962.

3.Sardar Hukam Singh - 17th April 1962 to 16th March 1967

4.Neelam Sanjiv Reddy - 17th March 1967 to 19th  July 1969

5.Gurdayal Singh Dhillon - 8th August 1969 to 19th March 1971, 22nd March 1971 to 1st December 1975.

6.Baliram Bhagat - 15th January 1976 to 25th March 1977.

7.Neelam Sanjiva Reddy - 26th March 1977 to 13th July 1977.

8. K S Hegde - 21st July 1977 to 21st January 1980.

9.Balram Jakhar - 22nd January 1980 to 15th January 1985, 16th January 1985 to 18th December 1989.

10.Ravi Rai - 19th December 1989 to 9th July 1991.

11.Shivraj Patil - 10th July 1991 to 22nd May 1996.

12.P A Sangma - 23rd May 1996 to 23rd March 1998.

13.GMC Balayogi - 18th March 1998 to 19th October 1999, 22nd October 1999 to 3rd March 2002.

14.Manohar Joshi - 10th May 2002 to 2nd June 2004.

15.Somnath Chatterji - 4th June 2004 to 30th May 2009. 

16. Mira Kumar - 30th May 2009 to 4th June 2014.

17. Sumitra Mahajan - 6th June 2014 to 16th June 2019.

18.Om Birla - 18th June 2019 to till date. 



Important issues associated with the office of the Speaker  -

1.It is alleged that the Speaker favours his party men in Lok Sabha. 

2.He misuses discretionary powers while deciding money bills and political defections.

3.He is also criticised for restricting debates and discussions to favour the ruling party. 

4.He is also charged with putting party interest above national interest. 

5.He is also accused of adopting the tactics of gerrymandering to favour  the ruling party by putting bills on vote without discussion in the Parliament. 

6.He is also accused of putting a bill on vote without sending it to the select committee for proper discussion and deliberation by the opposition parties. For example, three farm laws were passed by the Lok Sabha in hurry and when the farmers agitated for one year long, the Government had to withdraw the bill. 


The Independence and impartiality of the Speaker -

1.Our constitution has secured the independence and impartiality of the Speaker by giving him a security of tenure. This means that the resolution for his removal can be moved in the Lok Sabha only after the support of 50 members and a 14 days advance notice to this effect. 

2.Secondly, his salaries and allowances are charged upon the consolidated fund of India and are therefore, non votable in the Parliament. 

3.His powers to regulate the procedure of conducting business in the Lok Sabha cannot be subject to judicial review. 

4.He cannot vote in the Lok Sabha but in case of tie, he has the right to cast his vote. 

5.In the order of precedence, he is placed at the sixth rank along with the chief justice of India and is thus above cabinet ministers except the Prime Minister and the Deputy Prime Minister.




Way Forward

1.The Speaker is a bridge between the government and the opposition. He is duty bound to uphold democratic process by ensuring adequate space both to the ruling party and the opposition parties. Once elected as the Speaker, he should resign his parent party and should work as neutral referee in the House like the Speaker of the House of the commons in Britain. In matters relating to disqualification of a member from the House under the anti-defection law (under tenth schedule) and in deciding a particular bill as a money bill, he should show non- partisanship. 

2.It is his primary duty that bills introduced by the Government must be adequately discussed in the House so that there should not be any lacunae left. And therefore, the bills should be referred to the select committee for proper deliberation. But this trend has been reversed in the previous Lok Sabha. The numbers of referred bills to select committees have declined from 71% during 2009-14 to 16% during 2019-24. 

3.The Speaker should also refrain from suspending large scale MPs. In the 17th Lok Sabha, the Speaker suspended more than 150 MPs. This is not a good sign of healthy democracy. After all, democracy is a government of deliberations and discussions. 



Conclusion

1.Parliamentary debates and deliberations are guided by the Speaker of the Lok Sabha. 

2.He should set the highest standard in public life by working in a non-partisan way. 

3. Since he is one of the pillars of parliamentary democracy in India, he should be above party politics and should strengthen the democratic process in India.  


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