Q.
Discuss the significance of the Preamble of Indian Constitution. Can it be
amended like any other provision of the Constitution?
Ans: The Preamble of the Indian Constitution serves as a guiding
light, encapsulating the essence and aspirations of the nation. It declares
India as a sovereign, socialist, secular, and democratic republic, guaranteeing
justice, equality, liberty, and fraternity to its citizens.
Serving as the identity card of the Constitution, the Preamble sets
the foundational principles and values upon which the entire constitutional
framework rests, guiding interpretation and implementation of its provisions.
The
Significance of the Preamble
·
Prelude
to Constitutional Laws:
The
Preamble serves as an introduction, laying the groundwork for the foundational
principles of the Constitution.
It sets the stage by declaring
India a sovereign, socialist, secular, and democratic republic.
·
Clarification
of Fundamental Terms: It
elucidates the meaning of fundamental terms and philosophies, providing clarity
on core constitutional concepts.
Example:
Terms like justice, equality, and liberty are defined and contextualized within
the preamble.
·
Scope
and Objectives: The
preamble outlines the scope and objectives of the Constitution, articulating
its core values and principles.
Example: It emphasizes promoting
fraternity among citizens, reflecting the Constitution's commitment to unity
and social cohesion.
·
Declaration
of Principles: While
not conferring legal authority, the Preamble declares foundational principles
upon which the Constitution is built.
It affirms citizens' entitlement
to justice, equality, and liberty, underscoring the Constitution's commitment
to safeguarding individual rights.
·
Embodiment
of Philosophy and Values:
The
Preamble embodies the philosophical underpinnings and fundamental values of the
Constitution.
Example: It reflects the
Constituent Assembly's vision and aspirations for an inclusive, democratic
society.
·
Source
of Authority: By
invoking "We, the people of India," the Preamble establishes the source
of authority for the Constitution.
It underscores the democratic
foundation of the Constitution, emphasizing that its legitimacy emanates from
the will of the people.
·
Legal
Interpretation: The
Preamble aids in legal interpretation, providing guidance in cases of ambiguity
or conflicting interpretations.
Courts often refer to the Preamble
to discern the underlying principles guiding specific constitutional
provisions.
·
Soul
of the Constitution: It
is considered the soul of the Constitution, reflecting its essence and serving
as a measure of its worth.
The values enshrined in the
Preamble serve as a yardstick for evaluating the Constitution's adherence to
democratic principles and social justice.
·
Definition
of Indian State and Constitution's Nature: The Preamble defines the nature of
the Indian state and delineates the basic character of the Constitution.
Amendability
of the Preamble of the Indian Constitution
·
Historical
Context: The
question of amendability of the Preamble arose in the landmark Kesavananda
Bharati case of 1973.
o The
Supreme Court revisited its stance on the Preamble's status as part of the Constitution,
overturning previous interpretations from the Berubari Union case of 1960.
·
Judicial
Pronouncement: In
the Kesavananda Bharati case, the Supreme Court ruled that the Preamble is
indeed part of the Constitution and subject to amendment under Article 368.
o The
Court emphasized that while the Preamble can be amended, it must not alter the Constitution's
basic structure.
·
Amendment
Instance: The
Preamble was amended once in 1976 by the 42nd Constitutional
Amendment Act, which added the words Socialist, Secular, and Integrity.
o This
amendment reflected the political climate of the time and aimed to reinforce
the principles of socialism, secularism, and national unity.
·
Legal
Precedents: The
S R Bommai case reiterated the integral role of the Preamble in interpreting
the Constitution, reaffirming its significance.
o While
not conferring supreme power or source of restriction, the Preamble plays a crucial
role in interpreting statutes and constitutional provisions.
In conclusion, the Preamble stands as a beacon of the Indian
Constitution, embodying its core ideals and objectives. While subject to
amendment, its enduring significance as the guiding force behind constitutional
principles remains unaltered. As the embodiment of India's aspirations, the
Preamble continues to provide direction and purpose, shaping the nation's journey
towards achieving its socio-economic goals through constitutional means.
Q.
Bring out the differences between the fundamental rights and the directive
principles of state policy.
Discuss
some of the measures taken by the union and state governments for the
implementation of the directive principles of state policy.
Ans: Fundamental Rights and Directive Principles of State Policy are
integral components of the Indian Constitution, enshrined in Part III and Part
IV respectively. While Fundamental Rights embody the core principles of
individual liberties and rights, Directive Principles serve as guidelines for
the government to pursue socio-economic objectives. Article 12 to 35 encompass
Fundamental Rights, ensuring political democracy, whereas Articles 36 to 51 outline
Directive Principles, emphasizing economic and social democracy. Together, they
form the foundation of India's constitutional framework, balancing individual
freedoms with societal welfare goals.
The
differences between the fundamental rights and the directive principles of
state policy
Fundamental
rights (FR)
1.
Definition and Scope: FR are enshrined in Part III
(Articles 12-35) of the Indian Constitution and are basic rights guaranteed to
Indian citizens.
2.
Establishment of Political Democracy: FR play a crucial role in establishing
political democracy in India
by
safeguarding individual liberties and rights.
3. Promotion
of Welfare: FR contribute to the promotion of the welfare of citizens by
ensuring their fundamental freedoms and protections.
Example: Right to education
(Article 21A) promotes the welfare of
4. Legal
Enforcement and Punishment for Violation:
FR violations are punishable
under the law, and courts can
declare
laws infringing on FR as invalid and unconstitutional.
Example: In Maneka Gandhi v. Union
of India (1978), the Supreme
Court declared Section 10(3)(c) of the Passport Act, 1967 as unconstitutional
for violating the right to travel abroad.
5.
Justiciability: FR are justiciable, meaning they can be legally enforced by the
courts if there is a violation.
Example: In Vishaka v. State of Rajasthan (1997), the Supreme Court
laid down guidelines to prevent sexual harassment at workplaces, enforcing the
right to gender equality.
6.
Limitations as Restrictions on the State: FR are sometimes seen as restrictions
imposed on the State's authority
to ensure citizens' fundamental
freedoms.
Example: Freedom of speech and expression
(Article 19(1)(a)) is subject to reasonable restrictions imposed by the State
in the interest of sovereignty and integrity.
7.
Suspension During National Emergency:
FR can be suspended during
a national emergency, except for rights under Article 20 and 21.
Example: During the Emergency in
1975, several FR were suspended through the 44th Amendment Act, 1978.
8. Influence
from the US Constitution: FR in the Indian Constitution
draw inspiration from the Constitution of the United States.
Example: Right to equality
(Articles 14-18) and right to freedom (Articles 19-22) in the Indian
Constitution resemble the Bill of Rights in the US Constitution.
Directive principles of
state policy (DPSP)
1.
Definition and Scope: DPSP are outlined in Part IV
(Articles 36-51) of the Indian Constitution and serve as guidelines for the
government while formulating policies.
2. Promotion
of Community Welfare: DPSP aim to foster the welfare of
the entire community by outlining socioeconomic objectives for
the government to pursue.
Example: Article 39 directs the State to ensure social and economic
justice and to minimize inequalities in income and status. children by
guaranteeing free and compulsory education.
3.
Non-Punitive Violations: Unlike Fundamental Rights,
violation of DPSP is not a punishable offense, and there are no legal
consequences for noncompliance.
Example: The State's failure to provide adequate healthcare
facilities for all citizens, as mandated by Article 47, does not result in
legal repercussions.
4.
Non-Justiciability: DPSP are nonjusticiable, meaning they cannot be legally enforced
by the courts even if there is a violation.
Example: In Mohini Jain v. State of Karnataka (1992), the Supreme
Court held that the right to education under Article 45 is not enforceable in a
court of law.
5. Direction
for Government: DPSP serve as directions for the government,guiding it in
achieving specific socioeconomic objectives.
Example: Article 48 mandates the
State to organize agriculture and animal husbandry on modern and scientific
lines to ensure the welfare of the people and prevent the slaughter of cows and
other cattle.
6.
Non-Suspension During Emergency: DPSP
are not suspended during a national emergency, but Fundamental Rights
may be suspended under certain circumstances.
Example: During the Emergency in 1975, DPSP continued to guide government
policy despite the suspension of certain Fundamental Rights.
7.
Inspiration from the Constitution of Ireland:
DPSP in the Indian Constitution
draw inspiration from the
Constitution of Ireland.
Measures
Taken for Implementation of Directive Principles of State Policy
Mahatma
Gandhi National Rural Employment Guarantee Act (MGNREGA):
Authority from Article 39(a) for right to adequate means of
livelihood.
MGNREGA guarantees 100 days of
wage employment to rural households, thereby ensuring livelihood security.
Child Labour
(Prohibition and Regulation) Act, 1986: Bolsters
Article 39(g) for protection of children.
The Act prohibits the employment of children below 14 years in
hazardous occupations and processes.
Laws
Prohibiting Slaughter of Cows: Derives
from Article 48 for organization of agriculture and husbandry.
Various states in India have enacted laws prohibiting the slaughter
of cows and bullocks.
Integrated
Rural Development Program (IRDP), Pradhan Mantri Gram Sadak Yojana, Ayushman Bharat:
Reflect Article 47's objective of
raising standard of living and improving public health.
PMGSY aims to provide all-weather
road connectivity to unconnected rural habitations.
Reforms in
Land Laws: Implements Article 43 for ensuring living wage and decent standard
of life.
Land reforms aimed at redistributing land to landless farmers to
improve their economic conditions.
Scholarship
Programs and Right to Education Act (RTE): Enacts
Article 46 for promoting educational and economic interests of weaker sections.
RTE mandates free and compulsory education to children aged 6-14
years.
Institution
of Local Self-Government: Realizes Article 40's objective of
organizing village panchayats.
Panchayati Raj Institutions at village, intermediate, and district
levels.
Environmental
Conservation Acts: Uphold Article 48A for environmental protection.
The Environmental Protection Act,
1986, regulates environmental pollution and degradation.
National
Education Policy (NEP): Implements Article 45 for early childhood
care and education.
NEP emphasizes early childhood care and education for children up
to six years of age.
Health
Programs like Janani Suraksha Yojana: Ensures
good health for women, aligning with Article 39's objective.
Janani Suraksha Yojana provides cash assistance to pregnant women
for maternity services.
Foreign
Policy Promoting Humanity and Peace: Supports
Article 51's aim of promoting international peace and security.
Non-Alignment Movement, International Solar Alliance, and
commitment to Paris climate agreements adhere to Article 51, promoting just and
humane values in international relations.
In conclusion, while Fundamental Rights emphasize individual
liberties and protections, Directive Principles of State Policy prioritize the
collective welfare and socio-economic development of the society. Both are
integral components of the Indian Constitution, working in tandem to ensure a
balanced approach towards governance and societal progress.
Understanding their significance and proper application is crucial
for upholding the democratic principles and achieving holistic development in
the country.
Q.
Explain the grounds on which a National Emergency can be declared and highlight
its effects on Centre-state relations and fundamental rights.
Ans: The provision for National Emergency was incorporated into the
Constitution to empower the Central government to effectively address
extraordinary situations and uphold the sovereignty, unity, integrity, and
security of the nation. This constitutional provision, outlined in Article 352,
grants the President the authority to declare a national emergency in the event
of grave threats to the country's stability and well-being. The insertion of
this provision underscores the government's commitment to ensuring the nation's
resilience and protection during times of crisis.
Grounds
for Declaring a National Emergency:
External
Aggression: A National Emergency can be declared if the security of India or any
part of it is threatened by war or external aggression. This empowers the
President to respond effectively to armed attacks from external forces.
Armed
Rebellion: In the event of internal armed rebellion posing a significant
threat to the stability of the nation, the President can invoke emergency powers.
This requires a written recommendation from the cabinet, enabling the
government to address internal security challenges promptly.
Breakdown of
Constitutional Machinery: If the constitutional machinery in a state
fails to function effectively due to reasons such as political instability,
violence, or other factors, the President can declare a National Emergency.
This ensures that the central government can intervene to restore order and
stability in the affected state.
Preemptive
Measures: A National Emergency can also be declared preemptively in anticipation
of imminent danger or threats to the sovereignty, unity, integrity, or security
of the country. This proactive approach enables the government to take
necessary measures to prevent potential crises.
National Emergencies have been proclaimed on three occasions in
India's history: in 1962, 1971, and 1975.
Its
effects on Centre-state relations
Executive:
·
During a national emergency, the executive power of the center extends
to directing any state regarding the way in which its executive power is
exercised.
·
In normal times, the union can give executive directions to a state
only on certain specified matters. However, during a national emergency, the
center becomes entitled to give executive directions on any matter.
·
This effectively brings the state governments under the complete
control of the center, though they are not suspended.
Legislative: The
Parliament is empowered to make laws on any subject in the State List.
·
Although the legislative power of a state legislature is not
suspended, it becomes subservient to the parliament.
·
The President can also issue ordinances on the state subjects, if
Parliament is not in session.
Effect on
the Life of Lok Sabha and State Assembly:
The proclamation of a national emergency has significant implications for the duration of legislative bodies.
·
The term of the Lok
Sabha (the lower house of Parliament) can be extended beyond its normal
five-year tenure.
·
State legislative assemblies can also have their terms extended by
Parliament.
Elections may be postponed,
affecting the democratic process.
Financial:
The President is empowered to modify the constitutional distribution of revenues
between the centre and the states.
Hence, the President can either reduce or cancel the transfer of
finances from Centre to the states.
Effect on
Fundamental Rights during National Emergency:
Suspension
of Fundamental Rights under Article 19:
·
Article 358 automatically suspends the six Fundamental Rights guaranteed
under Article 19 when a National Emergency is proclaimed.
·
The 44th Amendment Act specifies that the suspension of Article 19
rights applies only in cases of war or external aggression, excluding
situations of armed rebellion.
·
Article 19 rights are automatically reinstated upon the cessation
of the National Emergency.
Suspension
of other Fundamental Rights:
·
Article 359 empowers the President to suspend, by order, the right
to move any court for the enforcement of Fundamental Rights during a National Emergency.
·
This suspension pertains to the right to seek remedies in court,
not the Fundamental Rights themselves.
·
The suspension applies only to the specific Fundamental Rights
specified in the Presidential Order.
·
The suspension may be for the duration of the emergency or for a
shorter period as determined by the President.
·
The Presidential Order must be presented before each House of
Parliament for approval.
Additional
Provisions:
·
The 44th Amendment Act prohibits the President from suspending the
right to seek court remedies for the enforcement of Fundamental Rights
guaranteed by Article 20 and 21.
·
This ensures that certain Fundamental Rights, particularly those
pertaining to protection against arbitrary arrest and detention, and right to
life and personal liberty, remain safeguarded even during a National Emergency.
The cessation of a National Emergency automatically leads to the
revival of Article 19, restoring the suspended Fundamental Rights to the
people. Additionally, any laws enacted during the Emergency lose their effect
to the extent of inconsistency with the Constitution. The proclamation of a
National Emergency is a weighty decision, as it disrupts the normal functioning
of the Constitution and restricts the rights of both states in the federal
structure and individuals in terms of their Fundamental Rights. Therefore, it
should be invoked sparingly and only in situations where it is absolutely
necessary to safeguard the sovereignty, unity, integrity, and security of the
nation.
Q.
Write a brief note on the role of SHGs in rural development in India.
Ans: Self Help Groups (SHGs) are transformative entities in India's
rural landscape, embodying collective empowerment and socio-economic upliftment.
These groups, formed by individuals sharing common socio-economic backgrounds,
are instrumental in fostering rural development by fostering financial
inclusion and sustainable livelihoods.
One noteworthy example is the Mahila Arthik Vikas Mahamandal
(MAVIM), a women's development corporation in Maharashtra. Through the
formation of Self Help Groups (SHGs), MAVIM facilitates women's economic
empowerment by offering training, credit access, and assistance for
income-generating activities.
Self
Help Groups (SHGs) play multifaceted roles in rural development:
·
Capital
Formation: Through thrift and savings, SHGs generate capital for vocational activities,
providing self-employment and sustainable income for rural poor.
·
Access
to Credit: SHGs address credit access issues through initiatives like
Priority Sector
Lending (PSL) and SHG-Bank linkages, making entrepreneurship accessible. Notably, millions, especially
women, have been mobilized nationwide. For instance, the NABARD-Bank Linkage program
covered 40.95 million families and 204.75 million individuals by 2007, with a cumulative loan figure of ₹18,040 cores.
·
Women
Empowerment: Mobilizing around 46 million rural women, SHGs foster economic independence, combating
social evils like dowry and alcoholism. Examples include Kudumbashree in Kerala and SEWA.
·
Development
of Leaders: Self Help Groups (SHGs) serve as a platform for rural individuals to emerge as leaders
in their own right, fostering dynamic leadership where every member has the opportunity
to lead based on their skills and abilities. For instance, in Andhra Pradesh, this model has
led to the creation of 140,000 women leaders, empowering them to take charge of various initiatives and
activities within their communities.
·
Development
of Natural Resources: SHGs engage in various
developmental works such as soil
conservation, watershed management, and social forestry, contributing to sustainable resource management.
·
Technology
Upgradation: SHGs adopt locally adaptable technologies like rainwater harvesting and drip irrigation,
enhancing agricultural practices.
·
Employment
Generation: Members participate in non-farm sector activities such as apparel, leather products, and
pottery, stimulating rural employment.
·
Rural
Demand: Increased income alters consumption patterns, leading to higher expenditure on food, health, and
education, boosting local economies.
·
Raising
Social and Health Profile: Improved economic conditions result in
reduced child
mortality, better maternal health, and enhanced disease combat ability through improved nutrition and healthcare,
particularly for women and children.
·
Skill
Development: SHGs facilitate skill development programs, equipping members with vocational skills. For
example, the Deendayal Antyodaya Yojana-National Urban Livelihoods Mission (DAY-NULM) in
India provides skill training to SHG members, empowering them to access better employment opportunities.
·
Microenterprise
Promotion: SHGs support the establishment and growth of microenterprises, fostering
entrepreneurship within rural communities. An example is the Grameen Bank in Bangladesh, which
pioneered microfinance initiatives, enabling SHG members to start and expand small businesses, thereby contributing
to rural economic growth.
Though, SHGs have been instrumental in move towards rural
development, various steps like widening the marketing networks of the SHGs,
inclusion of the poorest of the poor in the SHG network, imparting skill
training and financial literacy with technological support is needed for furthering
the cause of SHGs and achieving rural development.
Q.
What is the significance of (SCO) FOR India? What is RATS under SCO?
Ans: The
SCO is a permanent intergovernmental international organisation, created in
June 2001. It represents approximately 42% of the world’s population, 22% of
its land area, and 20% of its GDP. The main objective of the SCO is to promote
peace in Eurasia.
Significance
of SCO for India
·
Regional
Security and Cooperation:
The
SCO offers a platform for India to engage in regional security cooperation,
particularly in combating terrorism, separatism, and extremism. Through
mechanisms like the Regional Anti-Terrorism Structure (RATS), India collaborates
with member states to address shared security concerns.
·
Membership
and Structure: India's
journey within the SCO, from observer status in 2005 to full membership in
2017, underscores its commitment to regional integration. With 8 member states,
4 observer members, and 9 dialogue partners, the SCO provides a diverse
platform for multilateral engagement.
·
India's
Role in SCO: India's
chairmanship of the SCO in 2022 marked a significant milestone, providing
opportunities to address bilateral issues and ease tensions within the organization.
By leading discussions and initiatives, India strengthens its diplomatic
influence and fosters cooperative relationships among member states.
·
Economic
and Strategic Interests:
The
SCO facilitates India's economic and strategic interests by providing avenues
for trade and strategic ties with Central Asian countries. India's
engagement with the SCO aligns with its efforts to revive historical ties and strengthen
civilizational linkages with the region.
·
Security
Interests: Participation
in the SCO's security structures, such as RATS, enables India to address
regional security challenges effectively. Collaboration within the SCO
framework enhances India's capabilities in counterterrorism efforts and defense
cooperation, contributing to regional stability.
·
Cultural
and Tourism Promotion:
India
benefits from cultural and tourism initiatives within the SCO, such as the
designation of Varanasi as the "Cultural and Tourism Capital," promoting
people-to-people contacts and showcasing India's rich heritage.
·
Diplomatic
Engagement: Through
SCO summits and meetings, India engages in diplomatic dialogue with regional
and global leaders, amplifying its voice on key international issues and
shaping regional agendas.
·
Strategic
Engagement in Central Asia:
The
SCO provides India with a strategic platform to engage in the "New Great
Game" unfolding in Central Asia. As a major player alongside China,
Russia, and others, India leverages the SCO to expand its influence and power
in the region.
·
Counterbalancing
China's Dominance: India
utilizes the SCO to counterbalance China's significant economic presence in the
Central Asian Republics (CARs), particularly through its Belt and Road
Initiative (BRI) projects. By participating actively in SCO initiatives, India
aims to mitigate China's hegemony and safeguard its own strategic interests in
Central Asia.
·
Revitalizing
Historical Ties: India
strategically revitalizes its historical ties with Central Asia through its
participation in the SCO. By focusing on rebuilding trust and fostering
goodwill, India strengthens its cultural and economic connections with the
region, bolstering its position in the "New Great Game."
·
Capacity
Building and Development Assistance: Within the SCO framework, India extends assistance in capacity
building and human resource development to Central Asian countries.
Through initiatives in sectors
such as information technology, pharmaceuticals, and healthcare, India
contributes to the socio-economic development of the region, enhancing its
influence and soft power in Central Asia.
Regional
Anti-Terrorist Structure (RATS) under SCO:
RATS, as a permanent body of the Shanghai Cooperation Organisation
(SCO), plays a pivotal role in coordinating counterterrorism efforts among
member countries.
·
Formation
and Objectives: Established
during a meeting of the Council of Heads of SCO Member States in 2002, RATS
aims to combat terrorism,
separatism, and religious extremism collectively.
It enhances the capacity of SCO
states to address the "Three Evils"– terrorism, separatism, and religious
extremism. through coordinated efforts.
·
Functions: RATS
primarily focuses on coordination and information sharing among member states
to combat terrorism, extremism, and separatism effectively. By facilitating
interaction and cooperation, RATS strengthens the SCO's collective response to
security challenges.
·
Structure
and Leadership: The
director of RATS Executive Committee, appointed by the SCO Council of Heads of
State for a three-year term, leads the organization. The leadership role
rotates among member states, with the current director being Ruslan Mirzaev
from Uzbekistan.
·
Headquarters: Initially
headquartered in Tashkent, Uzbekistan, RATS relocated its headquarters to
Moscow, Russia, in 2022.
·
International
Agreements: RATS
has established cooperation agreements with various international
organizations, including the United Nations, Interpol, CIS, CSTO, ASEAN, and
ECO, enhancing its effectiveness in combating terrorism globally.
·
India's
Role and Achievements:
As
an active member of RATS, India has contributed significantly to the
organization's activities.
o India
assumed the Chairmanship of the RATS-SCO Council in 2021, leading efforts to
enhance cooperation in counterterrorism measures.
o Through
its participation, India has strengthened regional security cooperation and contributed
to the collective efforts of SCO member states in combating terrorism and extremism
effectively.
o Between
2011 and 2015, under RATS coordination, SCO member states prevented 20 terrorist
attacks, averted 650 crimes of terrorist and extremist nature, and neutralized 440
terrorist training camps along with apprehending 1,700 members of international
terrorist organizations.
Looking ahead, India should continue leveraging the SCO platform to
strengthen regional cooperation, address common security challenges, and
promote economic integration. By actively participating in initiatives like
RATS and fostering dialogue among member states,
India can contribute to the SCO's objectives of peace, stability,
and prosperity in the region
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