Friday 30 March 2012

Causes of poverty during British Rule

Causes of poverty during British Rule

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What were the causes of poverty and famines in Indian society during the British rule? Also assess the role of British government in mitigating the misery of the suffering millions.

The British had primarily come to India to pursue their trade and economic interests. Right from the days of East India Company, the British followed such economic policies as led to rapid transformation of Indian economy into a colonial economy, whose nature and structures were determined by the needs of British economy. In other words, Indian economy was driven into a situation of producing cheaper raw materials to meet the requirements of industry in Britain. While the Indian agriculture was forced to serve the interests of the British industry, there was almost complete dependence of Indian economy on the finished goods produced in England. Hence, there was a double drain of India’s wealth to Britain —firstly in the form of cheaper raw material being exported out of India and secondly in the form of import of finished goods from England into the country.

The British policy not only kept the Indian economy poor, but also blocked the way for systematic development of modern industry in India. With liberal and duty-free access to the British imports, the traditional artisans and craftsmen in India were also ruined. Once Railways were built, British manufactured goods made inroads into the hinterland of the country and ruined such workmen even in the interior rural areas.

The condition of the peasantry was no better. While the rates of agricultural produce were low and a large majority was engaged in contract farming at low remunerations, the demands of land revenue were huge. Even in the years of low yields, the land revenue demands were not toned down. As a result, the poor farmers were left with very little to feed their families. Many of them plunged into debt with the traditional moneylenders who gradually grabbed their lands and the poor peasants ended up working as hapless agricultural labourers on their own lands.

During the centuries of economic exploitation, the drain of Indian wealth was so high that the agrarian society of India was pushed to the verge of starvation. The poverty of the people culminated in various famines in the country. Earlier famine occurred in U.P. in 1860-61, that took a toll of over two lakh lives. It was followed by a severe famine in 1865-66 in the areas of Orissa, Bengal, Bihar and Madras in which almost 20 lakh people perished. Again, more than 14 lakh people died in the famine of 1868-70 in western U.P., Bombay, Rajputana and Punjab. Even more severe famines followed in the years 1876-78, 1896-97 and 1899-1900 in which more than one crore people died—a phenomenon that is unthinkable today. The series of famines continued in the twentieth century also and the last in the series was the great famine of Bengal in 1943 in which almost 30 lakh people died of starvation.

Though extreme poverty in India caused by the policies of economic exploitation of the British was mainly responsible for such a large number of deaths, the British government hardly took any serious action to make available the food grains in the affected areas. Zamindars were rather busy in recovering their share of land revenue from the famine-affected population. Though it was in the knowledge of the British that a large majority of Indian peasant families lived mostly on one meal a day, yet no effective steps were taken by them to overcome the plight of poor people in a resource rich country.

Wednesday 28 March 2012

Provisions of Panchayati Raj Institutions

Provisions of Panchayati Raj Institutions

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What are the provisions relating to the Panchayati Raj Institutions in Indian Constitution?

The original Constitution of India did not contain elaborate provisions with respect to Panchayati Raj Institutions (PRIs) in India, though village Panchayats as units of local administration had been functional since the early British days. As per Article 40 of the Constitution, a Directive exists in the Directive Principles of State Policy under which the State is required to take steps to organise village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

Acting on the strength of this Directive, many State governments had enacted their Panchayati Raj Acts and had adopted two or three tier system of PRIs. In the meanwhile, several Committees appointed by the government of India, including Balwant Rai Mehta Committee, submitted their reports, which were also considered and selectively adopted by various State governments. But, by mid-eighties it was realised that many States were not very keen to promote the PRI and elections to these institutions were not held for many years on one pretext or the other. It was, thus, decided to add some specific provisions to the Constitution itself, on the basis of which the legislatures of various States would enact detailed laws to ensure uniformity in provisions, regularity in holding elections and empowerment of the people, particularly the downtrodden at the grass root level.

Hence, 73rd Constitutional Amendment Act 1992 was passed which sought to insert a new Part IX to the Constitution in the form of Articles 243A to 243-O. The provisions of this Constitutional Amendment required the State legislatures to enact own laws to enforce the new Constitutional provisions. These constitutional provisions provide for a uniform three tier system of the PRIs, with Gram Panchayats at village level, Panchayat Samitis at the intermediate (Block) level and Zila Parishads at the District level. The States with less that 20-lakh population need not have the intermediate tier. While the elections to all the seats at Gram Panchayat level are to be direct, elections to other two tiers take place as per the laws of the State concerned.

73rd Constitutional Amendment also provides for reservation of seats for various categories. As a landmark provision that may have far reaching implications for socio-economic and political empowerment of the rural women, it is provided that not less than one-third of the total seats are to be reserved for women in all three tiers. While the reservations for SC and ST candidates are subject to the provisions under Article 334, the same for women do not have any limiting factor.
It has been made mandatory to hold elections to all the PRIs within six months of the expiry of their previous term. Every such institution is required to function for five years after the date of its first meeting. In case any such institution is dissolved as per law, fresh elections are required to be held within six-month period.

Minimum age prescribed for a candidate seeking election to any office of the PRIs is 21 years. These provisions relating to timely elections as well as free and fair elections to the PRIs are to be implemented by the State Election Commissioner, who is to be appointed by the Governor in every State. The State Election Commissioner can be removed only on the same grounds and in the same manner as in case of the Judge of a High Court.

The Constitution enlists 29 items, including land improvement, rural development schemes, minor irrigation, primary education, fisheries, animal husbandry, development of women and children, etc., which can be assigned by the States to the PRIs. The States can assign various taxes, duties and levies to the Panchayats for effectively carrying out and supervising the works assigned to them. With a view to distribute economic resources to the PRIs, assign certain taxes, duties and tolls to them and give them grants in aid. The Constitution provides that every five years, the State governments would appoint a State Finance Commission who would make recommendation to the State government in this regard.

Tuesday 27 March 2012

PROJECT TO LINK RIVERS

PROJECT TO LINK RIVERS


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What will be the advantages of the plan to link major rivers in the country? Discuss limiting factors to this plan.

Mooted in the name of Dastur Plan, by an engineer called Dastur, as a permanent solution to the problems of floods, droughts and floods security, the proposal was further improved by Dr K.L. Rao, an eminent irrigation expert, in early sixties. But the successive governments thereafter continued to ignore this long-term solution to this recurring problem of Indian economy. Since independence, crores of rupees have been spent in India in favour of short-term measures. Hundreds of crores have been spent on irrigation, drought relief, flood relief, flood control and rural poverty alleviation but the results have not been commensurate to the resources put in. Had this option been exercised instead, most of the above noted problems would have been solved long ago.

While Dastur Plan aimed at linking all major rivers into one massive canal, Rao’s plan has three major links—one in the South and two in the North. Southern Water Grid proposes to interlink Southern rivers like the Mahanadi, the Godawari, the Krishna, the Cauvery, the Pennar and the Vaigai, which would provide surplus waters of the Mahanadi and Godawari flowing into the Bay of Bengal to the deficit areas of Orissa, Andhra Pradesh, Tamil Nadu and Pondicherry. First Northern link is proposed in the east, which aims at linking the Brahamputra, the Ganga, the Mahanadi and the Subarnarekha to benefit the water deficit areas of West Bengal, Bihar, Jharkhand, Orissa and Assam. Second Northern link proposes to interlink the Gandak, the Ghaghara, the Sarda, the Yamuna to Rajasthan and Sabarmati with a view to benefit the States like Uttar Pradesh, Haryana, Uttaranchal, Rajasthan, Gujarat, Bihar and Jharkhand.

The envisaged advantages are manifold. While the devastation caused by floods every year would come to an end, the nation would also be able to use valuable resources of water to its optimum. The water could be used for irrigation, and even for drinking in deficit areas. Interlinking would also improve the level of depleting ground water. Indian agriculture would be revolutionised by improved access to irrigation, as over 30 per cent of the cultivable lands presently fed by rain would get adequate water for irrigation. Not only agricultural output would increase substantially, the incidence of rural poverty would also come down drastically.
Countries like Australia and China have benefited immensely by such interlinking and there is no reason why India cannot gain in the same way.

The plan, however, is not devoid of problems. Lack of financial resources is a major hurdle. As per one estimate, the project is likely to cost over Rs 2,00,000 crore over a period of ten years, that translates into Rs 20,000 crore per annum. Further, no provision exists in the Constitution on the role of the Centre on interlinking of river waters. To obviate any future legal hitch, the Constitution may have to be amended, evolving an agreeable institutional mechanism on the issue of the interlinking of the rivers, sharing of their waters and pooling in resources for such interlinking. This would also take care of water sharing disputes that we have witnessed in the recent past. Finally, an independent authority, having representation of all the States, is also required to be framed to take up such a gigantic task. Such an authority may also borrow financial resources and expertise from international funding and developmental agencies, if so required. In a project of this magnitude, time planning is of utmost importance and time gained is progress made.

FINANCE COMMISSION

FINANCE COMMISSION


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What is a Finance Commission? What functions can be assigned to a Finance Commission?

Most of the federal States have elaborate provisions of distribution of financial resources between the federal and provincial governments, as well as among the provinces. To this extent, Indian Constitution is no exception. Indian Constitution makes the distinction between the legislative power to levy a tax and the power to appropriate the proceeds of a tax so levied. There are taxes like sales tax and State excise duties, which are levied and collected by the States, while the sales tax on inter-State sale, called the central sales tax, is levied by the Central government but is assigned to the State concerned. Properties of the Union and States are exempted from mutual taxation under Article 285(1) and 289(1) of the Constitution. But there are taxes levied and collected by the Union, which are distributed between the Union and the States. These include income tax and union excise duties.

It is in relation to such taxes that Articles 270, 273, 275 and 280 of the Constitution provide for the constitution of a Finance Commission every five years, to recommend to the President of India certain measures regarding distribution of financial resources between the Union and the States. Article 280 provides that the Finance Commission shall recommend to the President the percentage of net proceeds of income tax, which should be assigned by the Union to the States, and the manner in which such a share of the States is to be distributed among them. The recommendations of the Finance Commission, when accepted, remain valid for a period of five years before which next Finance Commission is appointed.

The Chairman of the Commission, in view of the President, must be a person having experience in public affairs. In addition, four other members of the Commission with following qualifications/prerequisites are appointed:
(a) A High Court judge or anyone having qualification to be appointed as such. (b) A person having specific knowledge of finances and accounts of the government. (c) A person having vast experience of financial and administrative matters. (d)??A person having special knowledge of economics.

As per the Constitution, it is the duty of the Finance Commission to make recommendations to the President on the following:
(I) Distribution between the Union and the States, of net proceeds of taxes, which are to be distributed among them.
(II) Distribution of their share among the States.
(III) The principles governing grants-in-aid of the Union revenues to the States.
(IV) The measures to augment the resources of the States to supplement the resources of Panchayati Raj Institutions.
(V) The measures to augment the resources of the States to supplement the resources of municipalities in the States.
(VI) Any other matter referred to the Commission by the President of India.

National Movement during World War-II

National Movement during World War-II


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Describe major events under the National Movement during the Second World War.

The period of Second World War was a testing time for India’s National Movement. Before the outbreak of the War in 1939, there was a lull in the National Movement. After German invasion of Poland, the British government of India joined the war effort along with allied forces without consulting the elected members of the Central Legislature or the Indian National Congress. The nationalist forces were completely opposed to fascist aggression and were willing to extend help to the democratic forces of the world. But the nationalist leaders wanted to know as to how an enslaved nation like India could help other countries of the world to secure emancipation.

All the nationalist forces joined hands on this issue and demanded that the British must set India free before India could actively participate in war against the Nazi forces. The British refused to accept this demand, which prompted the Congress to give a call to all its ministries to resign. As a token of resentment in October 1940, Mahatma Gandhi gave a call for limited Satyagraha by a few individuals. It was aimed at conveying that in an enslaved state, the Indians were not with the British in their war effort. It was also conveyed through limited Satyagraha that there was hardly any difference between Nazism and the British colonialism. But at the same time, the Congress did not want to embarrass the British by initiating a major upheaval in the country during the War.

Vinoba Bhave was one of the prominent persons who offered limited Satyagraha during the war. By 1941, more than 25,000 Satyagrahis were already in British jails. War scenario witnessed two major events in this year. Firstly, Germany, after capturing most of the East Europe, attacked the Soviet Union and, secondly, Japan launched a surprise attack on the US fleet at Pearl Harbour by joining hands with Italy and Germany. This, on the one hand, ensured direct involvement of Japan along with Axis forces, and, on the other, forced the US and the Soviet Union to actively support the Allied forces. Japan captured many parts of South East Asia in a blitzkrieg operation and subjugated Philippines, Indo-China, Indonesia, Malaya and Burma, bringing the War to the doorstep of India.

Rash Behari Bose and Capt Mohan Singh, along with many Indian soldiers captured by the Japanese army, formed Indian National Army (INA) to assist the Japanese forces to drive the British out of India. The leadership of INA was later handed over to Netaji Subhas Chandra Bose. At this stage the British wanted active Indian support in their war effort. The British government sent a Mission under Sir Stafford Cripps in the year 1942 for this purpose. But since the Cripps Mission did not concede to the Indian demand of immediate transfer of power, it failed and went back. This fuelled discontentment among the Indians and pressure increased to force the British to accept the demand for independence. The Congress passed the famous “Quit India” resolution in Bombay on August 8, 1942. A non-violent mass struggle under the leadership of Gandhi began. The British government came down heavily and immediately arrested most of the nationalist leaders. The Movement spread to many parts of the country, in the forms of Satyagraha, demonstrations and hartals. Over 10,000 people were killed in police and military firing and lakhs were arrested. Finally, the government succeeded in crushing the leaderless movement, as most of the leaders were in jail.

The post-war movement witnessed a new type of struggle, triggered by the trial of three INA officers viz. Shah Nawaz Khan, Gurdial Singh Dhillon and Prem Sehgal. Despite the British government’s resolve to punish these officers for sedition, the whole country regarded them as national heroes and was fully behind them. Even though the military court at the Red Fort held them guilty, sensing the belligerent mood of Indian masses, the British government decided to set them free. It was then evident that the days of British Empire in India were numbered.

Monday 26 March 2012

Fundamental Rights Vs Other Rights

Fundamental Rights Vs Other Rights

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What is the difference between the Fundamental Rights and the rights secured under various other provisions of the Constitution?

Part III of the Indian Constitution (Articles 13 to 32) contains one of the most important parts of Indian Constitution—the Fundamental Rights. These rights are fundamental in nature and no legislative or executive order or action of the government can take away any of these rights of the citizens in India. An important feature of these rights is that these are enforceable by law and any piece of legislation can be declared void if it is found to be interfering with any of Fundamental Rights. There are, however, some other rights provided in the Constitution, which are outside Part III. These other rights can also be enforced by following due course of law. One of the examples is Article 365, which provides that no tax can be levied or collected by the State except by the authority of law. There are various other such rights and the Right to Property, which was a Fundamental Right under the original Constitution, has also been relegated to the position of a legal right.

A question is often asked about the difference between the Fundamental Rights and other rights under the Constitution, particularly when both the categories are justiceable. Main difference is that while all the rights of the citizens are enforceable by law, Fundamental Rights provide for a Constitutional remedy under Article 32 which itself is provided in Part III, i.e. the Fundamental Rights. Under the Constitutional remedy an individual can move an application direct to the Supreme Court of India against any infringement of his Fundamental Right by the State or any act of the State. In case of other rights a citizen may have to seek remedy by filing an ordinary application or suit before a lower/subordinate court, as per provisions of law.

Sunday 25 March 2012

How is President of India Elected

How is President of India Elected

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How is the President of India elected? What are the provisions in the Constitution relating to a vacancy in the office of the President of India? Is there any such provision for a vacancy in the office of the Vice President of India also?

India is a democratic republic and the Constitution provides for an elected Head of State i.e. the President. As Head of the Union Executive, the President is elected by an indirect election for a term of five years. Articles 54 and 55 of the Constitution deal with the election of the President. Article 54 provides that the President of India shall be elected by an electoral college consisting of the elected members of both the Houses of the Parliament and such members of the State Legislative Assemblies. As per subsequent amendments to the Constitution, the Assemblies of the National Capital Territory of Delhi and Union Territory of Puducherry were also included in the electoral college, while other Union Territories are not its part. Nominated members of the Parliament, as well as those from the State Legislative Assemblies are not authorised to vote.
Article 55 provides for uniformity of representation of different States in terms of their population and total number of elected members of the State Assembly. As per this provision, every elected member of Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of that State by the number of elected members in the Assembly. It is also provided that the election to the office of the President shall be held by means of single transferable vote. Every voting member of electoral college has as many preferences as there are number of candidates in the fray. If there are more than two candidates in the race, the successful candidate must obtain 50 per cent plus one votes.

If in the first round of counting (in which only first preferences are considered) no candidate gets clear majority of the total votes, second preferences of the candidate getting the minimum number of first preferences in the first round of counting are considered as the first preferences for the remaining candidates. This process goes on till a candidate gets clear majority and is declared elected.

As per the Constitution, a vacancy may be caused in the office of the President of India due to completion of tenure, by death of the President, by his resignation or on removal by impeachment. In case of a vacancy due to expiry of term, the process of election of the new President is required to be completed before such an expiry and the newly elected President assumes the office on expiry of term of the outgoing President. In case of vacancy due to any other cause, election to fill up the office must be held in not later than six months from the date of vacancy. During the period of vacancy, and also during the temporary vacancy caused by illness of the President or due to any other reason, Article 65(2) provides that the Vice- President shall discharge the functions of the President till new President is elected or the President resumes his duties.

In case of a vacancy in the office of the Vice-President due to any reason, the process of election has to be completed within six months. But the Constitution is silent about the person who is to discharge the duties of Vice-President during the period of such vacancy. As per practice during the past, the duties of the Vice-President as Chairperson of Rajya Sabha were discharged by the Vice-Chairperson of Rajya Sabha as and when such a vacancy in the office of the Vice-President had arisen.

Thursday 22 March 2012

How is President of India Elected

How is President of India Elected

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How is the President of India elected? What are the provisions in the Constitution relating to a vacancy in the office of the President of India? Is there any such provision for a vacancy in the office of the Vice President of India also?

India is a democratic republic and the Constitution provides for an elected Head of State i.e. the President. As Head of the Union Executive, the President is elected by an indirect election for a term of five years. Articles 54 and 55 of the Constitution deal with the election of the President. Article 54 provides that the President of India shall be elected by an electoral college consisting of the elected members of both the Houses of the Parliament and such members of the State Legislative Assemblies. As per subsequent amendments to the Constitution, the Assemblies of the National Capital Territory of Delhi and Union Territory of Puducherry were also included in the electoral college, while other Union Territories are not its part. Nominated members of the Parliament, as well as those from the State Legislative Assemblies are not authorised to vote.
Article 55 provides for uniformity of representation of different States in terms of their population and total number of elected members of the State Assembly. As per this provision, every elected member of Legislative Assembly of a State shall have as many votes as there are multiples of one thousand in the quotient obtained by dividing the population of that State by the number of elected members in the Assembly. It is also provided that the election to the office of the President shall be held by means of single transferable vote. Every voting member of electoral college has as many preferences as there are number of candidates in the fray. If there are more than two candidates in the race, the successful candidate must obtain 50 per cent plus one votes.

If in the first round of counting (in which only first preferences are considered) no candidate gets clear majority of the total votes, second preferences of the candidate getting the minimum number of first preferences in the first round of counting are considered as the first preferences for the remaining candidates. This process goes on till a candidate gets clear majority and is declared elected.

As per the Constitution, a vacancy may be caused in the office of the President of India due to completion of tenure, by death of the President, by his resignation or on removal by impeachment. In case of a vacancy due to expiry of term, the process of election of the new President is required to be completed before such an expiry and the newly elected President assumes the office on expiry of term of the outgoing President. In case of vacancy due to any other cause, election to fill up the office must be held in not later than six months from the date of vacancy. During the period of vacancy, and also during the temporary vacancy caused by illness of the President or due to any other reason, Article 65(2) provides that the Vice- President shall discharge the functions of the President till new President is elected or the President resumes his duties.

In case of a vacancy in the office of the Vice-President due to any reason, the process of election has to be completed within six months. But the Constitution is silent about the person who is to discharge the duties of Vice-President during the period of such vacancy. As per practice during the past, the duties of the Vice-President as Chairperson of Rajya Sabha were discharged by the Vice-Chairperson of Rajya Sabha as and when such a vacancy in the office of the Vice-President had arisen.

People's Movement and Princely States

People's Movement and Princely States

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What was the contribution of the People’s Movement in Princely States under the British rule?

During the British Rule, along with the Nationalist Movement against the British by the Indian masses, there was a parallel movement by the people of the Princely States. While most of the territory of India had passed into the hands of the British by the beginning of the 20th century, some parts of the country were still under the princely rulers/Nawabs. Though most of the rulers had accepted the suzerainty of the British, yet most of them were despotic and callous towards the welfare of their people. Economic condition of people was poor with extremely high demands of land revenue and other taxes. Modern education and other social services were neglected by most of the rulers.

The people of these States were greatly influenced by the Nationalist Movement. The movements like the “Prajamandal Movement” and “All India States’ and People’s Conference” came to the fore. The Civil Disobedience Movement also spread to the States like Rajkot, Jaipur, Kashmir, Hyderabad and Travancore. The Princes suppressed these Movements with a heavy hand. They also used the communal cards to crush the movements. By 1935, the Indian National Congress came forward openly to espouse the cause of the States’ people. In the year 1935, Pandit Jawahar Lal Nehru became the President of All India States’ People’s Conference, which gave the required impetus to the Movement in these States.

The Nationalist Movement in the Princely States not only brought the nationalist consciousness among the States’ people, but it also brought them in the national mainstream. It also put the added pressure on the British to leave India and forced the Princely States to merge with the Indian Union as per the provisions of the Indian Independence Act. The new consciousness among these people also resulted in a united India after independence.

Wednesday 21 March 2012

People's Movement and Princely Stat

People's Movement and Princely States

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What was the contribution of the People’s Movement in Princely States under the British rule?

During the British Rule, along with the Nationalist Movement against the British by the Indian masses, there was a parallel movement by the people of the Princely States. While most of the territory of India had passed into the hands of the British by the beginning of the 20th century, some parts of the country were still under the princely rulers/Nawabs. Though most of the rulers had accepted the suzerainty of the British, yet most of them were despotic and callous towards the welfare of their people. Economic condition of people was poor with extremely high demands of land revenue and other taxes. Modern education and other social services were neglected by most of the rulers.

The people of these States were greatly influenced by the Nationalist Movement. The movements like the “Prajamandal Movement” and “All India States’ and People’s Conference” came to the fore. The Civil Disobedience Movement also spread to the States like Rajkot, Jaipur, Kashmir, Hyderabad and Travancore. The Princes suppressed these Movements with a heavy hand. They also used the communal cards to crush the movements. By 1935, the Indian National Congress came forward openly to espouse the cause of the States’ people. In the year 1935, Pandit Jawahar Lal Nehru became the President of All India States’ People’s Conference, which gave the required impetus to the Movement in these States.

The Nationalist Movement in the Princely States not only brought the nationalist consciousness among the States’ people, but it also brought them in the national mainstream. It also put the added pressure on the British to leave India and forced the Princely States to merge with the Indian Union as per the provisions of the Indian Independence Act. The new consciousness among these people also resulted in a united India after independence.

Moderates and Indian masses

Moderates and Indian masses

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Why did the moderates lose appeal with Indian masses and failed to get the desired
response from the people?

Between the period from 1885 to 1905, the Indian National Congress was dominated by moderate leaders, prominent among them being Dada Bhai Nauroji, Badrudin Tayabji, Surendra Nath Banerjee, M.G. Ranade, Madan Mohan Malaviya and G. Subramanya Iyer. As the expression ‘moderate’ suggests, most of these leaders believed in constitutional methods of agitation and pursuing limited objectives. Their basic objective was to arouse the political consciousness and national spirit among the Indians. Most of them had complete faith in British administration and justice. Their methods included passing of resolutions, holding meetings and sending petitions. Though their methods did not fetch them immediate gains, yet their contribution towards political and national awakening was of paramount value to the country.

But gradually, this group of early nationalists began to lose appeal with the Indian masses. There were several reasons and the foremost was the Boycott and Swadeshi Movement during the Bengal Partition. Many moderate leaders did not associate themselves with this movement and younger people within Congress started realising the futility of the ideology and techniques of moderate leaders. As a result, during the agitation against Bengal Partition, a large section of Indians lost faith in the sense of justice of the British. This resulted in loss of goodwill of the moderates and emergence of a new group of nationalists, popularly known as the extremists.

Emergence of new generation leaders like Lala Lajpat Rai, Bal Gangadhar Tilak, B.C. Pal and Arbinda Ghosh caught the fancy and following of the masses. Economic exploitation, resulting in impoverishment during the British rule, was also a major factor responsible for growing disillusionment against the British as well as the moderates. It was realised by all that the primary cause of poverty in India was the anti-Indians economic policies followed by the British.

Tuesday 20 March 2012

FULL CONVERTIBILITY OF RUPEE

FULL CONVERTIBILITY OF RUPEE


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What is full convertibility of rupee on capital account? Is the Indian economy ready to switch over to such full convertibility?

Convertibility of the domestic currency is one of the prerequisite for complete globalisation of any economy. Along with de-controls, freer movement of goods and services, removal of tariff and non-tariff restrictions and easier mobility of the workforce, convertibility is one of the important cornerstones of the process of globalisation and economic reforms.

Current account convertibility is already there and the stringent controls of pre-nineties over the foreign exchange have also been relaxed to a great extent. The stringent Foreign Exchange Regulation Act (FERA) was replaced by a relaxed Act called Foreign Exchange Management Act (FEMA), making the movement of foreign exchange easier. Resident Indians and companies now have access to foreign exchange for various purposes, including education and travel. They can also receive and make payments in foreign currencies on trade account.

Full convertibility implies that the existing restrictions on the capital account would also be withdrawn. Corollary of this step would be that the domestic assets, including the real estate and stocks, could be sold to the foreigners and the payments in foreign currency could be received in the country without prior regulatory clearances.

Some steps have already been taken to facilitate the full capital account convertibility in the country. Foreign exchange has been allowed to flow into Indian stock markets through registered institutional investors. In addition, many categories of the resident Indians have been allowed to open foreign currency accounts abroad. Indian companies have also been making overseas acquisitions for which they have been given access to foreign currency resources.

It would, however, be wrong to presume that full convertibility on the capital account would result in lifting of all the restrictions. Even the developed countries like the USA block foreign investment in some of the sectors. Despite the government decision in this regard, it has not been easy for the non-resident Indians to acquire property and real estate in the country. The government of India, though has allowed Direct Foreign Investment (FDI) in most of the fields, yet certain caps have been put by the government on the FDI in some of the sectors. Most of these restrictions may continue even after the capital account convertibility is introduced. Benefits would be in terms of more flow of foreign capital into the economy, resulting in higher investment and the resultant growth rate. Further, the financial and capital markets would bring more profits to the domestic investors.

There are certain prerequisites for introduction of capital account full convertibility. The economy must be nearer to the global standards in the matter of fiscal deficit, inflation rate, interest rates, foreign exchange reserves, etc. It is said that the economy can be said to be ripe for capital account convertibility only if interest rates are low and de-regulated and the inflation rate in the three consecutive years had been around three per cent.

In addition, fiscal deficit should be low at around 3 per cent and foreign exchange reserves should be reasonably high. Further, the economy has to be in good shape, as full convertibility would result in bringing in the instabilities and fluctuations of the outside world into the economy, as it gets more connected to the outside world. Further, imperfections in the economy, like the urban-rural dichotomy and difference in the growth rates in various sectors like agriculture and industries, as well as services, must be removed.

Considering the above prerequisites it appears that the Indian economy is not yet prepared for switching over to the capital account convertibility. The only requisites which have been met are reasonably high level of foreign exchange reserves, mostly deregulated interest rates and relatively good condition of the economy as a whole. In most of the other areas there is lot more to be done. Interest rates as well as the inflation rate are higher than the required levels. Further, the imperfections of the economy are glaring as the services and industrial sectors are booming, but the agricultural sector which employs over 65 per cent of the total work force, is growing at a much lower rate of 2 to 3 per cent per annum.

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What is the ‘office of profit’ under the Indian Constitution?



The Constitution of India, under Article 102, clearly stipulates that a person shall be disqualified for being chosen as, and for being a member of either House of Parliament if he holds any office of profit under the government of India or the government of any State (other than an office exempted by the Parliament by law), but not a Minister for the Union or for a State.

If a question arises as to whether a Member of Parliament has become subject to disqualification by virtue of holding the office of profit, the President of India shall take a decision on the matter on the basis of the opinion of the Election Commission of India, under Article 103 of the Constitution. The decision of the President in this regard shall be final and cannot be questioned in any court of law. Similar and analogous provisions exist for the Members of Legislative Assemblies of the States, under Article 191.

Friday 16 March 2012

Programmers and Activities of early Nationalists

Programmers and Activities of early Nationalists

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What were the programmes and activities of early nationalists? Did they succeed in their goals?

The period after the revolt of 1857 witnessed the emergence of early nationalism in the country. Broadly, it was the policies of the British, their racialism, economic exploitation of the country by them and imperialism which became main factors responsible for the growth of early nationalism in India. Western thought and education, emergence of the print media and setting up of the communication systems were some of the environmental factor that fuelled the rise of early nationalism in India.

Till 1885, the feeling of nationalism was like a rudderless boat. After the founding of the Indian National Congress in 1885, the vacuum for a political organisation, felt by many, was filled up to a great extent. The early objectives and programmes of the Congress were declared to be the promotion of friendly relations between the nationalist political workers, consolidation of the feeling of national unity irrespective of caste, relation or province, formulation of popular demands and their presentation before the British and generation of nationalist public opinion in the country. All these objectives and programmes later resulted in growth of a strong feeling of nationalism among the masses.

In pursuance of this objective, the early nationalists tried to formulate the popular demands of the Indians on country-wide basis. Such an attempt also resulted in national integration and unity in a nation, which was still on the road to become one after centuries of political fragmentation.
The policy of the British to export the cheaper raw material from India for their industries back home in England, without any restrictions/duties, and import of the finished goods from there to India, was well known to the educated but the masses in the country were required to be made aware of it. The nationalists of the day brought out the economic policies of the British which resulted in ruin of the traditional handicraft industries. Failure of the growth of modern industries to help the cause of the common man was also highlighted.

The idea of swadeshi, which gained currency later, was also popularised to a considerable extent during the later part of nineteenth century.

In addition to the above, the early nationalists felt that the country should move towards democratic self- governance and raised this demand in various forums from time to time. Demand for giving the required freedom and liberties was also highlighted.

It is felt by many that the early nationalist could not achieve much, as very few demands raised by them were accepted by the British. But considering from the view that the level of illiteracy was low, nationalist feeling was dormant and it was for the first time that the concepts like nationalism, unification and swadeshi were being used and introduced, it was wrong to expect immediate discernible results. The contribution of the early nationalists in creating awareness about some of the issues of national importance, which later were caught the fancy of common man in India, cannot be overlooked.

ROLE OF JUDICIARY UNDER INDIAN CONSTITUTION

ROLE OF JUDICIARY UNDER INDIAN CONSTITUTION

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Describe the role of Judiciary under the Indian Constitution. Is the Judiciary competent to examine the decision of the Parliament to expel its members from the House on charges of corruption?

While the power of the Parliament to legislate is supreme, at the same time the Judiciary has been made the watchdog of Indian democracy. As per the working of the Constitution for the past more than 60 years, a new role for the Judiciary has emerged. In view of various judgements of the apex court on amendments to the Constitution, the position today is that any amendment which aims at changing the basic structure of the Constitution would be unconstitutional. Hence, every proposed amendment is subject to judicial scrutiny if it is aimed at tinkering with the basic structure of the Constitution, which includes the federal system, parliamentary system, independence of judiciary, Fundamental Rights, etc. In addition, the Judiciary also has the right of judicial review. It implies that every piece of legislation passed by the Parliament is subject to judicial scrutiny by the Supreme Court. No specific provisions exist for this arrangement, but it is as per the law which has emerged through various judgements of the Supreme Court.

The Supreme Court, thus, has the power to strike down any piece of legislation aimed at amending the Indian Constitution on two grounds. Firstly, if the procedure prescribed under Article 368 is not followed and, secondly, if the amending Act seeks to violate one or more basic features of the Constitution.

In addition to the above, the apex court of the country has also assumed additional duties under a new concept called ‘Public Interest Litigation’ (PIL), under which any citizen can bring any matter of general importance to the general public for consideration of the Supreme Court. In case the apex court finds that the executive has been wanting in due discharge of its duties, it passes the required directions to the concerned authorities in government.

But there is still some conflict about the supremacy of the Parliament vis-à-vis authority of the Judiciary in general and the Supreme Court in particular. This conflict emerged in 2006 when the Parliament took a decision to unseat ten Members of Parliament who were exposed by the electronic media accepting bribe. The Parliament, under the directions of the Speaker, considered the report of a Parliamentary Committee appointed by the Speaker to inquire in to the episode and decided to unseat the members involved in this bribery incident.

It was a bold step by the Parliament to salvage its reputation and to show to the country that all the Members of Parliament were not corrupt and all the guilty were punished by an exemplary expulsion, though no specific provision exists in the parliamentary procedures to support this action. Some sort of constitutional crisis surfaced when the Judiciary decided to take cognizance of this action of the Speaker and issued notice to the Speaker to file his reply on the writ petition filed by the expelled MPs.

View of the Speaker was that it is an internal matter of the Parliament and there can be no interference of the Judiciary in its proceedings in any manner. The Parliament feels that cognizance by the Judiciary is not warranted in this case as the Speaker has final power to interpret the rules and procedures of the Parliament, and under Article 122, Speaker’s conduct in regulating the procedure or maintaining order in the House is not subject to jurisdiction of any court. The Parliament also feels that this act of the Judiciary is an interference with the supremacy of Parliament.

SECULARISM IN INDIAN CONSTITUTION

SECULARISM IN INDIAN CONSTITUTION

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Write a detailed note on secularism as provided in Indian Constitution. What are the threats to Indian Secularism?
The Preamble of Indian Constitution describes India as a ‘sovereign socialist secular democratic republic’, and the words ‘socialist’ and ‘secular’ were added by the 42nd Constitutional Amendment. The word ‘secular’, though was specifically added in the Preamble in the year 1976, yet the original spirit of the Constitution was completely secular in nature. Its insertion into the Preamble has ensured that secularism has now become a source from which the constitutional provisions on secularism draw their authority and it has now become the central object which the Constitution seeks to establish. It is also one of the basic structures of our Constitution and no compromise can be made on this by any government.

Unity and fraternity among the people of India is sought to be achieved by enshrining the ideal of a secular State in India. It implies that the State protects all the religions equally and there is no religion which can be termed as the State religion. The liberty of belief, faith and worship provided for in the Preamble is sought to be achieved by the fundamental right of freedom of religion under Articles 25 to 29 of the Constitution, dealing with freedom of conscience, free profession, practice and propagation of religion by every citizen.

The State is supposed to have an attitude of neutrality and partiality towards all religions. No taxes can be imposed by the State for promotion or maintenance of any religion and no religious education can be imparted in any educational institution wholly funded by the State. Partially State funded schools and educational institutions are allowed to impart religious education only after the consent of the student or his guardian. Such an instruction cannot be imposed on anyone without one’s consent.

Further, every person is free to profess, practice and propagate his religion, subject to some reasonable restrictions imposed by the State in the interest of public order, morality and health. Every religious group is allowed to establish and maintain the institutions of religious and charitable nature and manage its affairs in the matters of religion. Such institutions can also own and acquire moveable and immoveable property.

It may be observed that the scheme of secularism as provided in the Indian Constitution is highly progressive. The scope of these provisions has been widened further by various pronouncements of the Supreme Court of India. Even the rituals and observances which are integral to any faith are allowed to be practiced. The religion has been regarded as a doctrine of personal belief and the State regulations cannot interfere with the things which are essentially religious.

But there have been certain serious threats to Indian secularism. The fundamentalist forces of various religions occasionally tend to overstep the constitutional provisions. Communal acts by some of the political outfits in the country have continued to threaten the very ideal of secularism. Efforts on part of the politicians to divide people on communal lines are a very dangerous trend and if not checked at this stage, may create serious problems at a later stage.

The communal demands like reservations to the religious minorities and proportional representation on the religious lines are matters of serious concern. The controversy on the uniform civil code for all citizens as provided in Article 44 of the Constitution has also resulted in communal talk by various political parties.

Thursday 15 March 2012

Wednesday 14 March 2012

Innovative Financial Reforms

Innovative Financial Reforms

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“Innovative financial reforms and open gateway for international funds to come to Indian industry can help the economy come out of the recessionary mode.” Discuss.
The global economic slowdown has shown its negative effects on the Indian economy during the latter half of the previous fiscal. Among the first sufferers were the stock markets and the related corporates.

Recent times have been truly testing for the Indian industry, restricting its options significantly. Many industrial houses are finding it difficult to survive the scare of recession. Expansion has stopped and many companies are in the process of cost reduction and restructuring by reducing their manpower. It is time now to provide them with the required support and environment to tide over the turbulent times. It is felt that a set of financial reforms at this point of time would certainly help the industrial sector to experience the upswing and come out of the difficult situation.

There is a need to create an Alternative Investment Market where the foreign investors are available and it is known to the Indian companies as to which are the international investors that have surplus funds with them for investment. This would help many Indian companies to access global funds at lower cost, particularly when there is no separate stock exchange in India to facilitate this.

Indian government needs to create a fund for restructuring the existing companies that are facing financial stress. Such a fund may provide low cost capital for their restructuring over the medium term. The option of creating a few Asset Reconstruction Companies to take care of the disastrous debt situation in the country may also be exercised by the government agencies. The limit of the FDI in the Indian companies also needs to be raised, so that funds of the developed countries start flowing towards India. Raising this limit to 74 per cent from existing 49 per cent in many industries would take care of the liquidity problem in India. Increased liquidity would not only assist the Indian companies tide over the serious crisis they are faced with, but would also improve the overall investment and liquidity in the economy.

INDEPENDENCE OF THE SUPREME COURT JUDGES

INDEPENDENCE OF THE SUPREME COURT JUDGES

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Write a brief note on the independence of the Supreme Court Judges and their position. How can a judge of the Supreme Court be removed before the expiry of his term?
The Constitution of India provides for independence of Judiciary. The aim is to ensure that the judicial system works free from the influence of the legislature and the executive. It was believed by the framers of the Constitution that unless specific provisions were made to make the judicial system independent, the citizens could not be assured of unbiased dispensation of justice.

There are several provisions that take care of this aspect. Firstly, the President who appoints the judges of the Supreme Court has no authority to remove them from office. Even their appointment has to be approved by the President after consulting the Chief Justice of India. Further, the pay and allowances of the judges cannot be reduced to their disadvantage during their term by the Parliament and the entire expenditure on account of the pay and allowances shall be charged to the Consolidated Fund of India, rather than voted. The judges of the Supreme Court are prohibited by the Constitution from practicing in any court of law after their retirement. There are similar provisions for the High Court judges also.

Position: Many people believe that the position of the judges of the Supreme Court is in no manner inferior to that of the judges of the highest courts of law in the other countries of the world, including those in the developed countries. Their powers are wide and they enjoy freedom from any external influence, particularly in their service matters and day to day working. Supreme Court is not only the Federal Court of Indian Union but is also the guardian of the Constitution and the highest Court of Appeal. The pronouncements of the Supreme Court are binding on all the courts of the country. Further, the pronouncements made in the constitutional matters have the status of law and are binding on the Union and the State governments.

The Judges of the Supreme Court and High Courts can be removed only by way of a special procedure prescribed in the Constitution, commonly called the impeachment.

As per the procedure prescribed under Article 124(4) and the Judges Inquiry Act of 1968, the process of impeachment can only be initiated if 100 Members of Lok Sabha or 50 Members of the Rajya Sabha deliver a motion addressed to the President of India, through either the Speaker of Lok Sabha or the Chairperson of Rajya Sabha. After such motion has been received in either of the Houses of the Parliament, it is required to be investigated by a Committee of three i.e. two judges of the Supreme Court and one eminent jurist. If this Committee finds the judge guilty of misbehaviour or that he suffers from incapacity, the report of the Committee is then submitted to the House in which the motion of impeachment is pending for consideration.

The Parliament then considers the motion along with the report of the Committee in detail. If the motion is passed in each of the House by the majority of the total membership of the House and the majority of not less than two-third of that House present and voting, the address is then presented before the President of India. It is only after the President of India passes an order of removal of the judge concerned that the judge is removed from his office.

Tuesday 13 March 2012

SEBI

SEBI

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What do you know about SEBI?
The government of India created the Securities and Exchange Board of India (SEBI) with a view to control and regulate the foreign investment in the capital markets, new issues of capital brought out by the companies and grievances of the companies and the investors. In addition, SEBI has been created with the broader aim of protecting the interests of the investors in securities and promoting and regulating the securities markets in the country.

Based in Mumbai, SEBI has eight divisions and departments which look after several functions to achieve the above mentioned broad objective. The Depositors and Custodians Division looks after the work of registration of depository participants/custodians, as well as their renewal of registration or cancellation of registration. Foreign Institutional Investors Division, on the other hand, deals with registration/renewal of registration of such investors. FII Division looks after the FIPB proposals and the government correspondence connecting with this function.

While Collective Investment Schemes Division deals with registration and renewal of the registration for collective investment schemes, Secondary Market Department is the major department of SEBI which carries out the functions like registration and renewal of registration of the credit rating agencies in the country, in addition to the registration of the brokers and sub-brokers, registration under the Stock Lending Scheme and deposit of various fees by the brokers and refund of fees to them.

With a view to protect the interests of the investors, Investors Grievances and Guidance Division has been set up which carries out the registration of the Investors’ Associations, looks into the grievances of such associations and other investors and carries out the tasks of guiding the investors through the registered Associations or otherwise.

Mutual Fund and Venture Capital Division of the SEBI looks into the tasks like registration of trustees for Mutual Funds, processes the applications for foreign securities, ADRs/GDRs, allow changes from closed ended to open ended schemes, observations on offer documents etc. Primary Market Department is also an important department of SEBI and deals with the matters like fresh registration/cancellation of intermediaries, observations on the offer documents and list-related matters pertaining to the new issues.

The complete control and regulation by the SEBI has enhanced the confidence of the general public in the securities market of the country.

Struggles of Gandhi

Struggles of Gandhi

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Give a brief account of the struggle of Gandhi during the initial years of his advent on the Indian scene, with special reference to Champaran Satyagraha.
Before the advent of Gandhi on the scene of the nationalist movement, there was hardly any charismatic leader who could motivate the common man to join hands to oust the colonial power. After several years of struggle against apartheid in South Africa, and mastering the techniques of Satyagraha based on non-violence and truth, Gandhi returned to India in 1915 and straightaway joined the struggle for independence of the country.

Gandhi’s first experiment with Satyagraha in India came in the year 1917 in Champaran District of Bihar. The opportunity was provided by the indigo planters there, who were exploited and oppressed by the European planters. Gandhi arrived in Champaran along with other leaders like Dr Rajendra Prasad, J.B. Kriplani, Mazhar-ul-Haq and Mahadev Desai and made inquiries about the conditions of the peasants in Champaran. The District authorities ordered Gandhi to immediately leave Champaran. Gandhi defied this order and agreed to face trial and imprisonment.

Fearing a backlash, the British authorities did not try him and withdrew the earlier order and appointed a Committee of Inquiry on which Gandhi was also nominated as a member. Finally, the disabilities from which the peasants were suffering were reduced considerably and Gandhi won his battle without much resistance from the British authorities.

Again in the year 1918, a dispute was reported among the mill owners of Ahmedabad and the workers. The dispute was for wage hike. Gandhi advised the workers to go on strike and demand 35 per cent increase in wages. Gandhi also undertook fast unto death. His fast pressurized the mill owners who, on 4th day of his fast agreed to 35 per cent wage increase for the workers.

Another opportunity also came along in the same year. Due to adverse weather conditions, the crops failed in Kheda District of Gujarat but the British government refused to accept the genuine demand of the peasants for remission of land revenue. Gandhi supported the peasants and asked them to withhold the payment of revenue till the demand for its remission was met. Sardar Patel actively supported Gandhi during this agitation. The government relented and accepted the demand for remission of land revenue for whole of the District.

Beginning with Champaran Satyagraha, the above three incidents brought Gandhi in close contact with the Indian masses. His success in all these experiences brought him closer to their heart and they began to feel that with his methods, he could get them freedom from the British.

RELIGIOUS FREEDOM & EQUALITY

RELIGIOUS FREEDOM & EQUALITY

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What are the provisions relating to religious freedom and equality in the Indian political system? Does the Indian Constitution specifically bar the conversion of people to other religions? Do the Hindu converts from Scheduled Caste community have the right to claim the benefits for Hindus under the Constitution?
The Preamble of the Indian Constitution proclaims India as a secular country. The Indian secularism is based on the principle that there is no religion of the State and every citizen is free to practice any religion or propagate it.

There are several provisions in the Fundamental Rights that aim at attaining secularism in the country. Articles 25 to 28 of the Constitution specifically lay down that the Indian State observes an attitude of neutrality and impartiality towards all religions. No taxes can be imposed for practising or promoting any particular religion. Further, it also provides that no religious instruction shall be provided in any educational institution wholly funded by the State. Every citizen has the right to profess, practise and propagate his own religion. All religious groups also possess the rights to establish the institutions for religious and charitable purpose, manage own affairs in the matters of religion, own and acquire property and administer such property in accordance with law.

Article 15 of the Constitution provides that there cannot be any discrimination on the grounds of religion, caste, race, sex etc. Similarly, Article 16 of the Constitution puts every citizen on equal footing.

A question generally asked is whether the Constitution of the country specifically bars the conversions to another religion. The legal position is that every one has the right to practise and propagate any religion. This means that the propagating person can bring out the merits of his religion to the notice of others and if others are convinced, they can decide to switch over to that particular religion voluntarily. No one can, however, be forcibly converted to another religion.

A question is raised at times about the claims to the reservation benefits by the erstwhile Hindus from Scheduled Caste community, converted to Christianity, Buddhism or Islam. The Constitution recognizes the Scheduled Castes only in two religious communities viz. Hindus and Sikhs, as the caste system was traditionally prevalent only in these two religions. Casteism is not practised in the religions like Christianity, Buddhism and Islam. Scheduled Caste Order of 1950, framed under the Constitution lays down that a person shall not be deemed to be a Scheduled Caste if he professes a religion other than Hinduism or Sikhism. Allowing such benefits to the converts by the government would make it an abettor of conversion, thereby violating the constitutional scheme of secularism.

At the same time, if any convert falls under the category of Other Backward Classes (OBC), he could be entitled to the social and other privileges otherwise admissible to such people as per the constitutional provisions.

Friday 9 March 2012

Anti-Defection Law

Anti-Defection Law

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“Despite the Anti-Defection Law in force, Horse Trading continues unabated in Indian politics.” Discuss.
Changing of political parties had been the most common occupation of some of the politicians in the country till 1985. Fifty Second Constitutional Amendment was given effect in 1985, which amended the earlier provisions under Articles 101, 102, 190 and 191 of the Constitution. Popularly known as Anti-Defection Law, this amendment sought to remedy the position as it stood in the year 1985.

Anti-defection Law was aimed at cleansing the Indian political scene by stopping the practice of defections which had become very common at that point of time. It was expected that the practice of Horse Trading would vanish after the Amendment.

But the political situation changed drastically during the past about 15 years. The days of clear majority to any political party at national level have gone. It is only through the coalitions that the successive governments are being formed. This is being achieved through pre-election and post election alliances between various political parties. The Constitution does not provide any guidelines for forging such alliances before or after the polling. As a result, such alliances are again open to unethical bargaining at the time of forming the government, as well as afterwards.

It is therefore felt by many that considering the dynamics of situation, and that political coalitions have become the order of the day and are likely to continue for quite some time in the future, the following changes in the existing legal framework are required.

(a) Prescribe a detailed procedure and regulation for pre-election and post-election political coalitions; (b) Pre-election coalition should be in the form of a written agreement, violation of which should attract the penalties as provided in Anti-defection Law; (c) Any member outfit of a pre-election coalition should have a commitment to support the coalition government at least for a period of three years; (d) Political partners deciding to join the coalition after the elections should only be allowed to support the government from outside and should not be allowed to be part of the government. The condition of three years’ mandatory support should be applicable to them also.

Thursday 8 March 2012

ZERO INFLATION

ZERO INFLATION

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Write short notes on Inflation and Impact of Zero Inflation on the Economy.
Inflation is the measure of rise in general prices in any economy over a given period of time. Normally inflation is measured every week, but for the policy purposes its annual measure is taken into account. Inflation is measured by the government by considering the changes in wholesale price index and those in the consumer price index over the given period of time.

Inflation is of several types and the ‘creeping’ or ‘walking’ inflation of upto 5 per cent per annum is called functional inflation and considered good for the health of growing economies. Running, galloping and hyper inflation is bad for the economy as it also erodes the real income level of the poorer sections of the emerging economies, thereby making their livelihood even more difficult. Hence, in a developing economy, the government policies aim at keeping the inflation rate within the functional limits.

Due to increased prices of the food items, India, along with most parts of the world, faced high inflation rate in double digits during the middle of 2008, which could be termed as ‘running’ inflation. The government took several monetary and fiscal policy measures to control it and succeeded to bring it down. But in early 2009 a peculiar phenomenon was experienced. In March 2009, the inflation rate in the country went down as low as 0.44 per cent, a sudden drop from 2.43 per cent during the week prior to that. This has given rise to the speculation that the country may experience zero inflation rate. The apprehensions are that zero rate of inflation would act as discouragement to the new investors, who are likely to put on hold their new projects, which would affect the growth rate of the economy. Zero inflation reduces the level of profits drastically. Such a situation, though may be cheered by the consumers and benefit the poorer sections spending most of their earnings on consumption, yet may actually reduce the economic activity in the economy to the minimum. This may be harmful to the economy in the medium and long run.

Freedom Struggle

Freedom Struggle

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The period between 1935 and 1939 witnessed no major agitation against the British but the country could manage to garner global support for its freedom struggle.” Comment.
After the Civil Disobedience Movement of 1930 and the Round Table Conferences, no major event took place in the Nationalist Movement till the Second World War broke out in 1939. The Act of 1935 could not alter materially the imperialist character of the British rule. But this period was useful, as several important political events and developments took place, giving a new turn to the nationalist movement.

One of the major developments was the ‘globalization’ of nationalist movement due to the increasing interest that the Congress took in the world affairs. British government would invariably send the Indian Armed Forces to any part of the world where there was any armed challenge to the authority of the British rule. Congress opposed this practice. Jawaharlal Nehru, in particular, opposed the use of Indian Army and the Indian resources to serve the British interests in Africa and Asia.

In 1937 Congress Party passed a resolution calling upon the Indian people to boycott the Japanese goods as a mark of sympathy with the people of China. In 1938, it sent a medical mission to work with the Chinese Armed Forces.

At this stage itself the Congress was clear that it was opposed to any participation of the British Indian government in a war between imperialist powers. Congress also extended its unflinching and full support and cooperation to the progressive forces of the world that stood for freedom of humanity. The forces yearning for political and social bonds in the world were also duly supported.

It is apparent that this crucial time period was utilized by the nationalist forces to build a public opinion in the world in favour of India’s independence. The imperialist forces were condemned and the weaknesses of their misrule were exposed to the entire world. The work done internationally also helped the nationalist movement to have a wider base within the country as well. While the countries all over the world became aware of the plight of Indian masses and the economic exploitation by the British, the intelligentsia within the country also understood the problem from international point of view and garnered more support for non-violent struggle against imperialism.

It was primarily due to the above stance taken by the nationalist forces during the period before the Second World War that the country finally took a decision to disassociate itself from the Second World War, which was fought between the fascist and imperialist forces. The ground work done before the War also helped the nationalist forces to mobilize support of the masses on the stand taken by them at the outbreak of the War. The stand reaffirmed the leadership taken by the country in this regard, even though it was under the complete domination of an imperialist power. It also raised the stock of Indian leaders in the international arena.

Election Commission

Election Commission

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What are the important provisions relating to the Election Commission in the Indian Constitution? How can the Election Commissioners be removed?
The Indian Constitution provides that there shall be an office of the Election Commission of India which shall be responsible for conducting free and fair elections to the offices of the President, Vice President, the Parliament and the State Legislative Assemblies under Articles 54 and 66.

The Election Commission consists of a Chief Election Commissioner and such other Commissioners as the President of India may from time to time decide. In the initial years, there used to be only a Chief Election Commissioner. But in October 1989, the Election Commission of India was made a multi-member. But in 1990, it was again made a single-member. Commission. The position was changed once again in 1993 and since then the Commission continues to be a multi-Member Commission.

The Election Commission has the powers of superintendence, direction, control and conduct of all elections mentioned above. It may be noted that the elections to the local bodies are conducted by the State Election Commissioners appointed under Article 243K by the States.

The Constitution of India provides for a set procedure for removal of the Election Commissioners, making this body absolutely independent of the legislative and executive control. It is provided that an Election Commissioner cannot be removed from his office except in the manner and on the grounds on which a Judge of the Supreme Court can be removed. In other words, an Election Commissioner can be removed from the office only on proven grounds of incapacity or misbehaviour.

Under such circumstances the procedure starts only after a motion addressed to the President signed by at least 100 Members of Lok Sabha or 50 Members of Rajya Sabha is delivered to the Speaker or the Chairman of the concerned House. It is also clear that the Chief Election Commissioner has no role to play in the removal or appointment of any Election Commissioner. With these provisions, the Constitution provides that the Election Commissioners are to be kept out of the influence of the legislature or the executive so that they work in a non-partisan and independent manner.

Tuesday 6 March 2012

ARTICLE 16 OF THE INDIAN CONSTITUTION

ARTICLE 16 OF THE INDIAN CONSTITUTION
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“Article 16 of the Constitution of India is a bundle of contradictions, as on the one hand it deals with equality of opportunity in matters of public employment, and, on the other, it enables the government to provide for reservation in public employment.” Comment.
Article 16 of the Constitution is part of the Fundamental Rights and provides for equality in the matters of employment in public employment. Many people feel that this Article, instead of equality in these matters, perpetuates the inequalities and offers a framework of contradiction. The Fundamental Rights should ideally provide the measures vide which the equality is ensured but the exceptions provided to this right overweigh the right provided.

Article 16 provides that there shall be equality of opportunity for all citizens in the matters of employment or appointment to any office under the State. This Article also provides that no citizen shall be ineligible for any office or employment under the State on grounds only of religion, race, caste, sex, descent, place of birth or any of them. After having stated the above, several exceptions are also provided for. Place of residence may be laid down by the legislature as a condition for particular classes of employment or appointment in any State or any local authority. Further, the State may reserve any post or appointment in favour of any backward class of citizens, who, in the opinion of the State, are not adequately represented in the services under that State. In addition, the offices connected with the religious or denominated institutions may be reserved for the members practicing that particular religion.

The most important and controversial exception pertains to the provisions of Article 16(4) relating to the claims of the members of the Scheduled Caste and Scheduled Tribe communities in the matters of appointment to the services and posts under the Union and the States, to be consistent with efficiency in administration as far as possible (Article 335). The Supreme Court has held that while the provisions of Article 16(4) are without any limitation upon the power of reservation, yet it has to be read with the provisions of Article 335 for maintenance of efficiency in administration. The Apex Court also held that the total reservation under Article 16(4) should not exceed 50 per cent.

Detailed study of the provisions of the Article 16 reveals that while originally this Article aimed at protecting the rights of common man with regard to equality of opportunity but gradually, due to the need felt by the government to extend the benefit of reservation to the other backward classes and also the political considerations, its focus has now shifted to providing the benefit of reservation to the backward classes and the SC/ST. But one thing has been confirmed that the extension of the benefit cannot be arbitrary.

Various pronouncements of the Supreme Court of India during the past almost six decades have plugged the gaps in the provisions of this Article and also provided a standard framework for extending the benefit of reservation in future to any other categories. The measures that looked to be controversial initially have also been settled by the judgments of the highest court of law in the country.

Monday 5 March 2012

Khilafat and Non-Cooperation Movement

Khilafat and Non-Cooperation Movement
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Write a detailed note on the Khilafat and Non-Cooperation Movement. Did the outcomes of this movement succeed in achieving its goals?
After the agitation against the government decision to partition Bengal, the most important national level movement against the British Empire was the Non-Cooperation Movement (1919-22), also called the Khilafat Movement. The unique feature of this movement was the united action by the Hindus as well as Muslims. Muslim community was attracted to the Khilafat Movement because of the shabby treatment meted out by the British to the Ottoman Empire and the Caliph of Turkey. The position of the Sultan of Turkey, who was regarded as head of the Muslim community (Caliph) all over the world, was also undermined to a great extent.

The Khilafat Committee formally launched the Khilafat Movement on August 31, 1920. Immediately after this, the Indian National Congress convened a special Session in September 1920 in Calcutta, where Gandhi presented a plan for non-cooperation with the government till the wrongs in Punjab and those in Turkey were mended by the British. Congress agreed with the plan of Gandhi and gave a call for boycotting the government educational institutions, offices and law courts. Call was also given to boycott the foreign cloth and adopt Khadi. The programme included the actions like resigning from the government jobs, surrendering the government conferred titles etc. Gradually, the movement also included mass civil disobedience and refusal to pay taxes.

Nagpur Session of the Congress held in December 1920 endorsed the decision of the Congress and decided to reach the villages with the message against the imperial British rule. The Movement took off with a lot of euphoria and turned into a catalyst for national struggle against foreign rulers.

After the Chauri Chaura violence incident in 1922, the Movement was suspended by Gandhiji. But despite this, the Movement could achieve several positives. It provided a platform for all the religious communities to come closer and jointly oppose the foreign rule in a united voice. Further, it provided to the nationalist movement the required impetus and mass support for future agitations and movements. The people of the country, who were otherwise scared of the might of the British became fearless and lost their sense of fear against the mighty British. The Movement gave tremendous self-confidence to the common men and filled them with the feeling of self-respect and self-esteem. Muslim community which was not fully represented in the nationalist movement received the required representation and the community became fully involved in the struggle for independence.

Saturday 3 March 2012

UAPA

UAPA
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“In view of escalated terrorist attacks in the recent years, the enactment of the Unlawful Activities (Prevention) Act (UAPA) would not have been more contextual and timely.” Comment.
The latter half of 2008 witnessed a series of terrorist attacks in various cities of the country, including Bangalore, New Delhi, Guwahati and Mumbai. The attack on Mumbai was so intense that it did what 20 other terrorist strikes on the Indian mainland outside the State of J & K during the last four years could not do. It coaxed the UPA government to introduce a new anti-terrorist law called Unlawful Activities (Prevention) Act (UAPA).

The new anti-terror Act has several provisions that were part of POTA. These include detention without bail upto 180 days, police custody for the accused upto 30 days, no provision for bail for foreign nationals arrested under the UAPA and no bail for the Indian nationals if the court is satisfied that the allegation is prima facie true.

In addition to the above provisions similar to POTA, a few new clauses have also been added. These have been incorporated on the basis of various suggestions received over the years. The government also tried to cover the contingencies and criminal acts related to terrorism which have not been appropriately covered under other laws of the land. The new Act also has the provision for 10 years’ imprisonment for getting explosives, radioactive substances, nuclear devices etc with the intention of abetting the terrorist acts. UAPA also has provision for life imprisonment for organizing terrorist camps or for recruiting any person for any act of terrorism.

It must, however, be understood that special anti-terror Acts like UAPA act only as deterrent and the terror attacks cannot be stopped just by having stringent legislative Acts. To prevent the terrorist attacks the country has to take preventive measures. First and foremost could be to beef up the security at soft target points. In addition, there is a need for having a foolproof intelligence system so that any conspiracy immediately becomes known to the security agencies. People also have to be vigilant towards any such attempts.

Friday 2 March 2012

Review of Constitution

Review of Constitution

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“The working of our Constitution over the years has exposed various weaknesses of the Indian political system and a comprehensive review of the Constitution is necessary.” Do you agree? Give arguments.
Immediately after independence, the Constituent Assembly and its Drafting Committee prepared and adopted the Indian Constitution, which with some changes over the years, has been continuing.

Last about six decades of working of the Constitution has exposed certain weaknesses of the Indian political system. At times it is felt by many that a comprehensive review of the Indian Constitution must be carried out to tackle the weaknesses. One of the major weaknesses is that the multi-party system has given scope for so-called ‘horse trading’, which could not be stopped even by the constitutional amendment facilitating the enactment of the Anti-defection Act. Further, it has resulted in evolution of coalition culture, which has increased the political instability of the government.

Further, considering the present-day overlaps resulted by the legislative and judicial activism, there has to be a clear demarcation of the boundaries of jurisdiction of the Executive, the Legislature and the Judiciary. Several people feel that with a view to have strong executive at the national and State levels, the present system of Parliamentary democracy must be replaced by the Presidential form of government where the President (Head of the State) is directly elected by the people, who also becomes the functional head
of the State as well as that of the government.

In addition, the empowerment of the States with the overall aim of strengthening the Indian federation is another area on which many political thinkers are unanimous. It is believed that the Indian federal system must also be as close as possible to the US system, so that the regional aspirations of the people are met. It is also felt by many that it is high time that the protection available to the public servants under Article 310 of the Constitution is done away with, so that work culture is inculcated among the government employees.

With a view to strengthen the Constitution, most of the above amendments are necessary. But one has to keep in mind and ensure that none of the proposed amendments actually violate Supreme Court Judgments about the ‘basic structure’ of the Constitution. For effecting the change beyond the basic structure, it would perhaps require the prior approval of the Supreme Court and the process may have to be undertaken under the close scrutiny of the apex
court.

Conflicts between Moderates and Extremists

Conflicts between Moderates and Extremists
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What were the points of conflict between the moderates and extremist in the Indian National Congress during the initial stages of the nationalist movement? Methods of which of the two ideologies ultimately guided the nationalist movement in the later years?
Formation of the Indian National Congress in 1885 was the fist organized step to manifest the need for a nationalist movement. The initial years of the Congress were marked by the learning of the democratic methods. Till the beginning of the twentieth century, the methods of the nationalist leaders continued to be highly democratic and respectful in nature. These methods evolved under the bonafide belief of the leaders that the British government was responsive towards various needs and suggestions of the people of India and were willing to make certain changes as requested by them from time to time.

But, gradually the people began to get disillusioned with this method of nationalism. It was realized that on most of the issues the British government adopted dilatory tactics and avoided taking any decisions. Most of the petitions ultimately bore no results. The Congress leaders who still believed in these methods were referred to as the moderate leaders.

The moderates failed to produce any results and most of the moderate leaders like Surendranath Banerjea and Gopal Krishan Gokhale failed to lead the masses and could not force the British government to take any steps towards the welfare of the people of the country. Within the Congress, certain new generation leaders like Lala Lajpat Rai, Bipin Chander Pal and Bal Gangadhar Tilak began to disagree with the methods of the moderate leaders and formed a new faction with the Congress which wanted to deviate from the traditional methods of written protests and petitions and wanted direct action in the form of agitations and strong physical protests. This group of the nationalist was not satisfied with the demand for dominion status and wanted complete independence from the British rule. These leaders came to be known as the extremists.

Gradually, the people could gauge the fruitlessness of the moderates. The extremist Congress leaders with their ideal of ousting the British from India, could get more support from the masses and the moderate leaders gradually disappeared into oblivion and irrelevance. The newly found confidence of the extremist leaders was accentuated by the advent of Gandhiji on the Indian nationalist scene.

With his firm belief in truth and non-violence, Gandhiji emerged as a leader of the masses. The ideology and methods of the extremist leaders got a fillip and resurrected nationalist movement caught the fancy of the masses. With appropriate direction to the movement, efficient leadership and plethora of movements and agitations, the masses not only got involved in the nationalist

INDIAN FOREST SERVICE

INDIAN FOREST SERVICE

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Indian Forest Service (IFS), offers a highly challenging and rewarding career. It offers an exciting opening where an IFS officer not only acts as custodian of forests under his area of responsibility but also derives mundane pleasure of being instrumental in protecting and preserving the environment and wild life. This exotic satisfaction of protecting forests, environment and wild life also adds a lot of adventure to the job.


Recruitment to this service is done by the Union Public Service Commission (UPSC) through a competitive examination every year. The candidates selected for the service are allotted a State/Union Territory cadre and they serve in that particular State/Union Territory thereafter till superannuation, except for a few deputations to the Central Government in between. The service has inherent time-bound promotions and higher scales which are comparable to the best in government sector in the country. After completion of training, the IFS officers are usually posted as Divisional Forest Officers (DFOs)/Deputy Conservators of Forests (DCF) with the independent charge of a forest division with a large number of Forest Guards, Block Officers, Range Officers and Assistant Conservators of Forests working under them. After putting in a specified years of service as a DFO/DCF, the IFS Officers are promoted as Conservators of Forests with several DFOs/DCFs under their control. A direct recruit IFS Officer can hope to rise upto Chief Conservator of Forests or even upto the post of Principal Chief Conservator of Forests, the Head of Forest Department in a State.


Some of the State Governments have State Forest Development Corporations also and the IFS Officers can also be posted as Divisional Managers, General Managers, Executive Directors and Managing Directors in these Corporations. Thus IFS officers also get an exposure to the corporate functioning in the government sector, adding another dimension to their job. In addition, the IFS officers also enjoy certain powers of police officers in respect of several offences under the Indian Forest Act.
The Selection Process
The competitive examination for the IFS is usually held by the UPSC in the month of July every year. The advertisement for the examination normally appears in the month of December/Janaury in all leading newspapers as well as in the "Employment News". It carries details about the examination, subjects, etc.

Eligibility: The candidates applying for the IFS examination must fulfil the following conditions:
(a) They must have attained the age of 21 years but should be less than 30 years of age.
(b) They must be graduates with atleast one of the following subjects: Physics, Chemistry, Botany, Zoology, Mathematics, Statistics and Geology; from a recognized university, or must have Bachelors Degree in Agriculture or Engineering or Forestry from a recognized university.
Examination: The scheme of examination has two stages:
(a) Written examination.
(b) Personal Interview.

All the eligible candidates are first tested through a written examination which consists of two compulsory and two optional subjects. The compulsory subjects are General Knowledge and General English. Every candidate has to offer two optional subjects out of (1) Physics (2) Chemistry (3) Botany (4) Zoology (5) Forestry (6) Statistics (7) Mathematics (8) Geology (9) Agriculture (10) Civil Engineering (11) Agriculture Engineering (12) Mechanical Engineering (13) Chemical Engineering.

The compulsory papers are designed to test the candidates command over the language, comprehension, analytical power and overall general awareness. The General English paper carries the questions on use of words of common parlance, passages, precis, comprehension, idioms etc. In addition the candidates are also required to write an essay out of a few given topics. The standard of this paper is such as is expected of an average science/engineering/forestry/agriculture graduate of an Indian University.

The second compulsory paper on General Knowledge is aimed at testing the general awareness and knowledge of the candidates in subjects other than those studied by them in their academic curriculum. This paper also tests the knowledge of candidates on current events of national and international importance. There are a few questions on Indian Political System, Indian History, Economy, Geography and applied aspects of Science and Technology. The standard of this paper is again such as is expected of an average science/engineering/forestry/agriculture graduate. The questions in this paper are multiple choice objective-type in nature.

So far as the choice of optional subjects is concerned, list of subjects offers a vast choice. Every eligible candidate is usually expected to specialise in atleast one of the optional subjects which he/she would have offered during his/her academic degree. The choice of second subject is also not difficult. It is recommended that the candidates appearing for the first time in the examination should go through previous question papers before finally deciding on the optional subjects. The standard of optional subjects is that of degree level academic examination. Further details regarding syllabi of all optional subjects are available in the instructions received alongwith the application form supplied by the UPSC.

Interview: The written examination is followed by a personality test in the form of personal interview. The interviews are held by the UPSC soon after the result of written test is declared. The marks obtained in the interview are added to the marks obtained by a candidate in the written test to draw up the final merit list. The main aim of personality test is to judge the suitability of candidates as officers of Indian Forest Service. The candidates appearing in the interview may expect some questions on common day-to-day observations and current affairs of importance. Questions on Indian Polity, Planning Process, Budgeting and Economic Geography may also be expected. The personality test also aims at testing leadership qualities, mental alertness, initiative, balance of judgement, analytical capabilities and variety of interests.
Preparation and Coaching
The IFS being among the most prestigious services of the country, the competition for examination is quite tough and needs meticulous preparation. So far as optional subjects are concerned, most of the students are expected to do well. It is the performance of candidates in compulsory subjects which makes the real difference. Any candidate who does well in optional subjects and also excels in the compulsories can expect to qualify the examination. It, therefore, requires systematic planned study with added emphasis on both the compulsory subjects which are usually neglected during the academic examinations.

To have a sound base in the General Knowledge paper the candidates must refer to a basic and standard general knowledge book like "General Knowledge Refresher" by O.P. Khanna, regularly supported by "The Competition Master". This would keep the candidates posted upto date as far as general knowledge and current affairs are concerned and would give them an edge over others in this paper.

Similarly, the personal interview also requires an exhaustive preparation. Passing of written examination must not lead a candidate to a state of complacency. Personality test being the final test of suitability of the candidates for the service, thus assumed greater importance. Indepth study of all important aspects of general interest as well as brushing-up of optional subjects offered in the written examination is required. Thorough self-appraisal is also an effective way of preparing for the interview.

There are certain private institutions/agencies imparting coaching and guidance for IFS examination as well as personal interview. By taking due precautions for not falling into unscrupulous hands, coaching from a reputed institution will go a long way to help the fresh candidates to do well in this examination.