6th Part
Q. Examine the nature of changes that have taken place in the Indian bureaucracy since the 1990s.
A. The era of globalization worldwide commenced about one and a half decades back; sometime around the mid to the late 1980s. By liberalization of the economy is meant freeing a national economy from governmental control and letting it run as per the market forces. It was increasingly felt that the democratic socialist model of development had failed to deliver the goods and hence economy was liberalized in 1990 onwards. The liberalization of the economy entailing a slackening, if not total elimination, of governmental regulation over the economy, gained currency. Once liberalization of the economy was accepted, changes in the bureaucracy were
introduced.
The slackening of governmental rules and regulations gave a boost to the economy. Economic Reforms led to doing away from the plethora of government rules & to this extent the developmental process has been increased. Subsequent to the structural adjustment of the economy consequent to liberalization, there have been perceptible shifts in the attitude of the bureaucracy. When liberalization first commenced, a lot of bureaucrats were openly hostile to it as they obviously felt that in a regime of slackening governmental control, the quantum of power wielded by them as well as their importance would come down. This has indeed happened. The ‘redeeming’ feature in that over the years, some bureaucrats have seen the writing on the wall, and become ‘facilitators’ rather than obstructers of development. The Indian media in the last few years has carried quite a few lead stories on the personal initiatives of the post-90s bureaucrats in the domain of citizen-friendly administration. A lot of the comparatively younger bureaucrats have grown up in the new, liberalizing India and are, therefore, more amenable to the new ideas of development.
Q. Describe the Division of Powers between Union and States.
A. Legislative powers between the Union and state governments are in the Seventh Schedule. The executive powers of the Union and state governments co-exist with their legislative powers. The powers of the Union and state governments are enlisted in three lists known as The Union List, the State List, and the Concurrent List.
In List 1, the Union List, the powers of the Union government are mentioned. It contains 97 subjects; in List 11, the State List, 61 subjects is mentioned on which State legislatures will enact laws. In List 111, the concurrent List have mentioned the powers that are to be concurrently exercised by the Union & the state governments
and 47 subjects are mentioned in this.
The residual powers, not mentioned in any of these lists, belong to the Union. There are, however, three conditions attached to this division:
I) If on a concurrent list the Union and a state's laws conflict, the Union law will prevail.
2) The Rajya Sabha has the power to declare that in the national interest the Parliament should make laws with respect to a specific matter enumerated in the State List. If by a two-thirds majority, Rajya Sabha passes a resolution to this effect, the Union Parliament can make laws for the whole or any part of India for a period of
one year.
3) When a proclamation of emergency is in operation the Parliament may legislate on any of the state subjects. The force of such law will lapse six months after the proclamation ceases to operate. All subjects relating to defence, security, external affairs, communication, currency, banking & insurance, inter-state river and river valleys, inter-state trade & commerce, major industries, development and regulation of oilfields and mines declared by Parliament necessary to be controlled by it, census and universities and other institutions declared by Parliament to be of national importance are under the Union's control. Public order, police, prisons, local communication, land, agriculture, public health, local government, mines not under the Union's control, intoxicating
liquor and betting and gambling are under the state's control. The concurrent jurisdiction of the Union and the state extend to criminal law & criminal procedure, preventive detention, education, forests, inland shipping and navigation, factories, boilers, electricity, newspapers, books and printing presses,
weights and measures and price control.
Q. What r the reasons for providing special provisions for certain states in the Indian constitution.
A. The Constitution of India provides for uniform rule over the whole country. But certain regions of the country are governed by special provisions. These provisions ensure the protection of cultural identities, customs and economic and political interests of the original inhabitants of these areas. These regions include the tribal hills of the North Eastern States, i.e., Assam, Arunachal Pradesh, Manipur, Nagaland, Mizoram, Meghalaya and Tripura, the state of Jammu and Kashmir and the regions known as the "Scheduled Areas".
"The Scheduled Areas" are those tribal inhabited areas that are located in other parts of the country than North-East India. These areas are located in the states of Andhra Pradesh, Bihar. Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Jharkhand, Maharashtra, Orissa, and Rajasthan. Besides these areas, some other regions of the country also are governed by special provisions.
Some states have been clamoring to be accorded Special Category Status (SCS), though there are no special provisions for them in the constitution. Placement in such a category would entitle them to get special assistance to development from the Center- like an increase in the grant-in-aid in comparison to the loan. While the loans have to be repaid to the lender, the grant-in-aid has not to be
re-paid. The states which are backward in terms of the development of the infrastructure or which have suffered due to the national disasters like drought or flood demand to be categorized as the Special Category Status.
Part XXI of the Indian Constitution includes, apart from Article 370 —
Temporary Provisions with respect to the State of Jammu and Kashmir — special provisions for 11 other states, listed under Articles 371, 371A-H, and 371J. The existence of these provisions shows that princely states negotiated the terms and conditions of their entry into the Union, or sought special constitutional protections in view of their unique needs and conditions. Each of these constitutional provisions is, in fact, rooted in historical reasons. Special provision is provided for J&K under Art.370, for Maharashtra & Gujrat Art.371, and under Art.371A to H for states of Sikkim (F), Assam(B), Arunachal(H), Nagaland(A), Mizoram(G), Manipur (C ), Andhra & Telangana (D), Karnataka (J), Goa(I).
Q. Describe the special provisions meant for N-E India.
A. The Constitution of India provides for uniform rule over the whole country. ‘But certain regions of the country are governed by special provisions. These provisions ensure the protection of cultural identities, customs and economic and political interests of the original inhabitants of these areas. These regions include the tribal hills of the North Eastern States, i.e., Assam, Arunachal Pradesh, Manipur, Nagaland, Mizoram, Meghalaya, and Tripura. For the protection of the interests and cultural identity of the tribals residing in N-E, special provisions are provided in the constitution. In the VI Schedule, Article 244 of the Constitution, lays down special provisions for the protection of the interest and cultural identities of the hill tribes of North.
The most important provision of the VI Schedule is the creation of the Autonomous District Councils. These ADC ‘s were established in all North - Eastern states except for Arunachal Pradesh, Nagaland and the greater part of Mizoram do not have this. The Inner Lines Regulation exists for three states: i. e., Arunachal Pradesh, Mizoram and Nagaland, and North Cachar district of Assam. These regions are protected areas where an outsider has to obtain permits to visit for entering into the protected states of Arunachal Pradesh, Mizoram and Nagaland, and North Cachar district of Assam.
The modern institution of the Autonomous District Councils is elected bodies. They are controlled by the new generation which has benefited from modern means of education. The Special Provisions are meant to protect the cultural identities and rights of the residents of the concerned regions, especially from the encroachment of outsiders. The people in this area had been averse to the notion of an outsider ruling over them. Any intrusion or its apprehension into their affairs was met with opposition and hostility.
According to these provisions outsiders can not sell or purchase the property of their residents, their affairs are governed by their customary laws. In the case of North-East India. the Autonomous District Councils and The Inner Lines Regulations are promulgated on the basis of the VI Schedule. The special provisions were meant to preserve tribal autonomy and protect the cultural and economic
interests of the hill tribes.
Q. Describe special provisions of Scheduled Areas.
A. For the protection of the interests and cultural identity of the tribals residing in parts of the country other than hills of the North-East, there are special provisions in the Constitution of India. These areas are known as the Scheduled areas and the provisions regarding them are enshrined in the V Schedule of our constitution.
Parliament has powers to change these by ordinary legislation without amending the constitution. The main provisions are as follows:
i) The executive power of the states extends to the scheduled areas;
ii) The Governor of these states has to submit the report to the president regarding the administration of such areas on the annual basis or whenever required to do so;
iii) Tribes Advisory Councils have to be constituted to advise the government on the matters relating to the welfare and advancement of the Schedules Tribes - these matters are those which may have been referred to the councils by the Governor;
iv) The Governor is authorized to direct the state government not to apply in the scheduled Areas any Act of Parliament of or the state Legislature or apply it subject to exceptions or modifications.
v) The Governor is authorized to make regulations to prohibit or restrict the transfer Of land by or among the members of Scheduled Tribes. He is also authorized to regulate the allotment Of land and business of money-lending. All such regulations have the assent of the President;
Vi) The President may appoint a Commission to report on the administration of the Scheduled Areas and Scheduled Tribes in the state. As it was obligatory to appoint such Commission at the end of the first ten years of the implementation of the Constitution, the first Commission was appointed in 1960. The Commission
submitted its report in 1961.
Q. Finance Commission
Q. Examine the areas of tension in Center-State relations.
A. Some major tension areas in Union-State relations are -
1) Role of Governor
2) The imposition of President’s rule
3) Reservation of Bills for the consideration of the President
4) Sharing of Finances
5) Use of Electronic Media
Role of Governor - The Constitution empowers the Centre to appoint Governors in states to work as Centre's representative and to maintain coordination between the Centre and the States. However, in practice, the position and role of the Governor have
become an issue of tension between the Centre and the States. The main point of contention is that Centre appoints the Governor as if he/she was just a representative of the center in the State. The ruling party at the Centre has found the office of Governor as an effective instrument to recapture power for itself. The appointment of the Governor becomes important as the Constitution provides certain discretionary powers to the governor. These powers are significant particularly in three matters.
# One is with regard to the appointment of Chief Minister when neither a single party nor a combination of parties emerge from the election with a clear majority. Related to this is also the question of dismissal of the Chief Minister on the loss of majority support or otherwise.
# The second matter is with regard to making a report to the President under Article 356 about his satisfaction that a situation has arisen in which the Governance of the State cannot be carried on in accordance with the provisions of the Constitution thereby recommending the imposition of President's rule.
# The third power is with regard to reservation of bills for the consideration of President.
Reservation of Bills for Consideration of President-
Article 200 of the Constitution provides that certain types of bills passed by the State legislature may be reserved by the Governor for the consideration of the President. The President may either give
his assent or may direct the Governor to send it back for reconsideration by the State legislature along with his comments.
But even after the bill has been passed by the State legislature for the second time the President is not bound to give his assent. The main purpose of this provision is that the Centre can keep watch on the legislation in the national interest. But Governors, and through them, the central government has used this provision to serve the partisan interests.
The opposition-led States have from time to time raised a hue and cry against the misuse of these provisions. There have been instances where the Governor has reserved a bill against the advice of the State Ministry presumably under the direction of the Central
Government.
The imposition of President’s Rule - The real issue of tension between the Centre and the States has become an emergency under Article 356 that gives Centre power to dismiss a state government on the ground of failure of constitutional machinery in the States. The Proclamation of emergency under Article 356 means that President assumes to himself all or any of the functions of the Government of the State including those belonging to the Governor or any other authority. It is because of this that this emergency is popularly called "President's rule".
Article 356 as such gives extensive powers to the union government to interfere in the working of the State Governments. It has been suggested that the provision for the imposition of President's rule in States was made to deal with the serious situations to be used as last resort. However, in practice the way and number of times this provision has been used: it has become the most contentious issue in Union-State relations. The provisions. apart from genuine cases of instability or national interest, have been used for:
a) Dismissing the state governments having the majority in the Assembly.
b) Suspending and dissolving the Assemblies on partisan consideration.
c) Not giving a chance to the opposition to form the government when the electoral verdict was indecisive.
d) Denying the opportunity to the opposition to form the govt when ministry resigned in anticipation of the defection on the floor of the House.
e) Not allowing thee opposition to form the government even after the defeat of the Ministry on the floor of the House.
Consequently, Article 356 has become the most abused and criticized clause of the Constitution. In spite of the safeguards provided by the 44th Amendment Act, it continues to be so and has become a sore and serious tension area in Center-State relations.
Financial Relations - The demand of the States for greater fiscal autonomy has now become one of the most debated issues and another area of center-state tension. The tension on this arises because of:-
a) comparative powers of taxation.
b) statutory versus discretionary grants: and
c) economic planning.
Sources of revenue of the Centre arc relatively elastic & expandable as against those of the States. The Centre also controls vast resources generated through deficit financing, loans from organized money markets in the country as well as huge funds of foreign aid. The residuary powers of taxation are also vested with the central government. In addition to this, the Constitution also authorizes the Centre to collect surcharges on taxes to raise additional funds in times of emergency. In practice, the surcharge has become a permanent feature of the income tax structure. Another loophole in the taxation system due to which states suffer is the corporate tax which keeps on expanding and is the exclusive purview of the center. The States, therefore, have to be dependent on Central assistance. There are four methods for
devolution of funds from the Centre to the States:-
(i) obligatory sharing of Union taxes
(ii) permissive sharing of Union excise duties;
(iii) assignment of certain Union resources wholly to the States:
(iv) provision for giving financial assistance to the States in the form of grants and loans.
With regard to the sharing of resources and assignment of certain resources entirely to the States, Articles 280 and 281 provide for the appointment of an independent statutory Finance Commission every fifth year or earlier as the President of India desires. The States have a sense of discrimination in the allocation of grants. The provision for grants-in-aid by the Centre is a discretionary power of the center and there are allegations that it is distributed in a controversial manner. Centre gives grants-in-aid to States under Article 281 on its discretion for undertaking schemes, helping to cope with natural calamities or for removal of disparities, etc. There is a general feeling that the Centre discriminates between States being ruled by different political parties. The States, therefore have time and again raised hue n cry over the distribution of resources by the center in a biased
manner.
Use of Electronic Media - In India as per the Constitution legislative powers to control and regulate broadcasting rest with the Union government. It has been alleged that the government and party in power at the Centre have used the media on the one hand to black out anything critical of its performance and on the other to
malign the state governments being ruled by other parties. Particularly during the 1980 the opposition parties raised a hue and cry against the blatant misuse of the All India Radio and Doordarshan for partisan purposes. It had been alleged that the
media had been the mouthpiece of the union government. With the arrival of private channels and the establishment of Prasar Bharti that provides, some autonomy to Radio and Doordarshan the governmental control and Centre's monopoly over media has been reduced. Also in a situation of coalition governments in which
Regional parties are playing an important role the central government can no longer ignore them. Still, the powers to legislate, control and regulate the media rest with the Union government and complaints about use and misuse of AIR & Doordarshan for partisan purposes remain.
Q. What safeguards arc suggested against the misuse of powers to proclaim President's rule in states'?
A. The Supreme Court of India on March 11, 1994, in the Bommai case, gave a significant judgment on the application and use of Article 356. According to it President's power to issue under Article 356 proclamation must be understood to be a conditional power. This action is judicially reviewable and the Presidents' satisfaction about the breakdown of administrative machinery in a particular state must be formed on relevant material which can be scrutinized by the courts. It also suggested that no irreversible action like the dissolution of the legislative assembly is permissible unless both houses of Parliament approve the proclamation until then the most the central executive can do is to keep the assembly in suspended animation and after a parliamentary approval, the courts can, in fit cases, restore the status. The Supreme Court's decision thus has placed significant restrictions on powers to proclaim President's rule. This has given some leverage to President. This
the judgment also suggested that President rule should be considered as rarest of the rare case and after all other alternates are exhausted.
Q. Describe the Sarkaria Commission.
A. The Sarkaria Commission was asked to review the working of existing arrangements between the Union and States keeping in view the social and economic developments that have taken place over the years and devise the strategies to improve for the unity and integrity of the country. The Commission after talking to various state governments, political parties and other interested and
concerned quarters finally submitted it's reporting on October 27. 1987. 'The Sarkaria Commissioned favored a strong Centre as the only safeguard to national integrity which was being threatened severely by various divisive forces present in politics today. But the Commission did not equate strong center With the centralization of powers. In fact, it viewed centralization as dangerous for national integration. It made a total of 265 recommendations classified subject-wise under twenty areas. Among the major recommendations are those with regard to the appointment and
working for the Governor, use of Article 356 and division of economic resources. The commission recommended that only a person of high integrity should be appointed as the governor of a state. He should not on demitting his office be eligible for any
other appointment or office of profit. Article 356 should be used sparingly in extreme cases as a measure of last resort when all available alternatives fail. Safeguards should be incorporated in Article 356 to enable Parliament to review its continuance. On the economic front, the Commission recommended a review in the scheme for levying taxes and duties, a constitutional amendment to make corporation tax sharable between the Union and the States. It also suggested looking into the grievances of resource allocation and taxation reforms. It also suggested that the Inter-State River Water Disputes Act may be amended to make it mandatory on the
Union government to constitute a tribunal within one year of receipt of a complaint.
No comments:
Post a Comment