Answers Held on 14-09-2014 QP

8/10/2019 Answers Held on 14-09-2014 QP

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1. The present system of Indian classical music stands on two important pillars: raga and tala. In

the context of the above statement, explore the different forms of Hindustani classical music

and the institutions founded to encourage the study of music as a science. [200 Words] 10

Ans : The present system of classical music stands on two pillars, raga and tala. Both are essential

for the two systems and form the bedrock of Indian classical music.

When it comes to the forms of Hindustani, Classical music the early forms were:

(a) Drupad is a serious and sober composition. It starts with an alap followed by Jod and then the

four compsed sections - Sthayi, antara, sanchari and abhog,. The lyrics are generally in Braj Basha

and involve Veera and Sringar rasas.

(b) Khayal literally stands for imagination. It came into prominence due to the efforts of Sultan

Hussain Shah Sharqi of Jaunpur. Unlike Drupad it is more delicate and romantic and has more

freedom in structure and form

(c) Thumri is a light form based on the romantic religious literature inspired by Bhakti

Movement. It employs folk scales and the text of the songs is of primary importance.

(d) Tappas are the ballad songs of the camel riders in the desert. It is known for its quick turns of

phrase.

e) Under the influence of the Bhakti and Sufi movements, devotional music developed in theforms of Keertanas, Bhajans and Abhangs. The sabads of the Sikhs and Qawwali were developed

by Amir Khusrau.

f) Ghazal is the product of Persian influence. It is theme wise lore or erotic poetry.

The institutions to encourage the study of music are: 1) the Gandharva Mahavidyalaya founded

by Pandit Vishnu Digambar Paluskar in 1901, first in Lahore and later at Bombay, Prayag Samiti

at Allahabad, All India Music Academy, founded in 1919, the Bhatkhande College of Musicfounded in Lucknow in 1926, and the Madras Music Academy founded in 1928.

2. (a) The ability to meld multiple discourses and to embrace knowledge in its entirety is what

made Nalanda uniquely attractive for all seekers of pure knowledge in ancient India.

Discuss.[100 Words] 5

Ans : Nalanda Mahavihara was the Buddhist centre of learning, the only university of its kind

and one of the oldest such institutions in the world. The university, founded by Kumara Gupta,

continued to enjoy uninterrupted patronage from the great Guptas, Harsha Vardhana and the


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Palas. At its zenith, it attracted students and scholars from South East Asia, China, Tibet and

even Greece. Until it was destroyed by Bakhtiar Khilji in 1197 it continued to remain the

preimium institute for academics in India.

In its residential complex, according to HuanTsang, the university accommodated 3000 to 5000

students and 2000 teachers.

The curriculam included, apart from the Buddhist Sarvastivada, Madyamika siddanta, and

Mahayana philosophy of Acharya Nagarjuna, subjects such as grammar, logic, literature,

astrology, astronomy and medicine. The instruction used to be in the form of dialogues

(dialectics)

The library of the university was an immense complex. Called Dharmaganga it was separated

into three large buildings; the Ratnasagara, the Ratnodadhi and the Ratnaganjaka. The second

one contained most sacred manuscripts including the Pragna - parimita sutra and Samajaguhya.

The decision of the union government of India to revive the university is a noble attempt indeed.

(b) Discuss briefly murals of ancient and early medieval India depicting Buddhist and Jain

religious themes. [100 Words] 5

Ans : The mural painting tradition with the religious themes of Buddhism & Jainism started withthe Ajanta, Ellora, Bhag & Sittannavasal cave paintings.

The Murals of Ajanta chiefly depict the themes of Mahayana Buddhism life of Buddha and

Jataka stories. Graceful figures with mythical moorings such as garudas, yakshas, gandharvas,

and apsaras characterise the paintings. The dying princess and the mother and child are the best

specimen of the Ajanta art.

The Murarls in Bagh represent an extension of Ajanta school. In design, execution and decorativequality, they stand on par with Ajanta.

In Bengal, under the patronage of the Palas and the Senas, mural painting tradition developed

under the influence of Vajrayana Buddhism.

The Jain mural painting tradition found in Badami Sittannavasal caves is connected with the Jain

themes. It symbolizes the lives of the Jain theerthankaras.


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3. In the light of the rich tribal heritage of India, discuss the popular tribal dance forms of the

Eastern and the North-Eastern states.[200 Words] 10

Ans: The tribes of India have a rich cultural heritage. The tribal dances reflect the customes &

traditions of tribal life. The themes are largely derived from nature.

In Bengal the Kathi dance with sticks, Khel Gopal and Baisakhi Bihu in Assam and Jata Jatin in

Bihar are the popular dance forms.

Rengma of Nagaland, Bamboo dance of Kukinagas, Jaudur of Mayurbhanj, Dagla performed by

Bhil Men, Pali by Bhil men and women ,Cheria of Murias of Bastar, Tapadi performed by Balga

women, Sarhul of Oraon of Bihar, Karma of Kols of Bihar, Mage of Porob of Chotanagpur and

Goncho of the Gonds of M.P.

*Note: Additional information is provided for your perusal

India has a rich and varied collection of folk dances. In fact, these dances form a very important

part of the life of most Indians, in terms of entertainment and celebration, particularly those

living in the rural areas. India folk dances are originated from the ordinary people of a society or

region and today, serve to reflect the diversity in the country's tradition and culture. There are so

many folk dances found in different states of India that trying count their number seems to be a

Herculean task. We have, therefore, broadly divided them into different regions. In this article,

we will provide you with information on the popular folk dances of North East India.

North Eastern Indian Folk Dances

Naga Dances

The dances of the Nagas portray a sense of fun and zest in their life. Harvesting season is main

celebration time for all the Naga tribes, which they rejoice through the performance of various

dances. Then, there are other occasions on which the dances are performed. The characteristic

feature of all Naga dancing is the use of an erect posture, with many movements of the legs and

comparatively little use of the torso and shoulders.

Bihu (Assam)

The folk dance of Assam is called 'Bihu'. Every Assamese, young or old, rich or poor, takes

delight in the dance, which forms a part of the Bihu festival. The festival comes in mid-April,

during the harvesting time (which lasts for a month). During the day, all young men and young

girls gather and dance together (though they do not mix-up much), to the tunes of drums and

pipes, along with love songs. The dances are performed either in circles or parallel rows.


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Hajgiri (Tripura)

Hajgiri is the folk dance of Tripura, the land of a large tribal population. The dance is performed

by young girls, who demonstrate a series of balancing skills, and uses instruments of its kind.

The dances are a part of the ceremony to appease the goddess Lakshmi, to ensure a happy

harvest, as cultivation forms a main source of the tribe's livelihood. Men and women use the

compound of their own houses as dancing grounds for the same.

Thang-ta & Dhol-Cholom (Manipur)

The Thang-ta dance of Manipur was an evolution from the martial arts exercises encouraged by

the kings of Manipur. The dance is exciting in nature and is performed by young men holding

swords and shields. One of the instruments that dominate Manipuri dances is the drum. Dhol

Cholom, a drum dance, is one of the dances performed during Holi.

Nongkrem (Meghalaya)

To celebrate the remembrance of the evolution of Khasis and their indigenous democratic state

called Hima, 'Nongkrem' dance is performed in Meghalaya, during autumn. The Khasis are a

tribe of Meghalaya, who also celebrate the ripening of paddy for threshing, by dances and songs.

The folk dances capture the movements of everyday life as well as animals and birds.

Folk Dance of Arunachal Pradesh

In Arunachal Pradesh, an organized group of tribal performers perform dances, plays, musical

scripts and dance dramas, based on stories of Lord Buddha. The dancers wear masks of demons

or animals, as described in the tales of Buddha, along with splendid costumes. These dances are

mostly performed in monasteries, during festivals.

Folk Dances of Sikkim

In Sikkim, the men are attracted more towards the monastic style of dancing, while the women

have their own folk dance style. The dances of Sikkim are different than those of Indian

traditions. Masks used in dances are something close to Indian cultural dances.

Eastern Indian Folk Dances

Chhau (Bihar)

Chhau is the folk dance of Bihar depicting enormous vitality and virility. The word 'Chhau'

comes from the Sanskrit root 'Chhaya' meaning shade. Since masks forms an important feature

of this dance, it is thence called 'Chhau', which means mask. The dance form includes certain

steps from 'Pharikhanda' which is a system of exercise. This system of exercise has been an

important part of training of Sipahis. All the performers hold swords and shields, whileperforming this exercise.


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The three main elements of classical dance, namely Raga (melody), Bhava (mood) and Tala

(rhythmic timing) forms an important aspect of Chhau dance as well. An expression of a mood,

state or condition, this folk dance depicts nature and the animal world, which can be confirmed

with the various forms such as Sagara Nritya (ocean dance), Sarpa Nritya (serpent dance) and

Mayura Nritya. Themes taken from mythology and everyday life also form an important aspect

of Chhau dance.

Brita Dance (West Bengal)

A state accredited as being the abode of many renowned poets, thinkers and artists, West Bengal

has a rich tradition of folk art as well. Brita or Vrita dance is one of the most important

traditional folk dances of Bengal. Mainly performed in the rural areas by the women folk, the

dance is held in the premise of a temple to appease the deity and invoke the lords blessing.

According to the popular belief, the dance is performed in gratitude after a wish has beenfulfilled. Brita or Vrita dance is also performed after a recovery from a contagious disease such as

small pox, and so on. Kali Nach is another dance form that is performed during Gajan, in honour

of the Goddess Kali. Herein, the performer wears a mask, purified by mantras and dances with a

sword, and when worked up can make prophetic answers.

Dalkhai (Orissa)

The 'Dalkhai' is a dance performed by women of the tribes, from the Sambalpur district of

Orissa. Quite a virile dance rendered during the time of festivals, the men generally play the

musical instruments and the drummers often join the dance. A dummy horse version is the

Chaiti Ghorha, danced by a community of fisher folk. In this art, the performers are essentially

men. Apart from dancing, the performers sing, deliver homilies of sorts and offer brief dramatic

enactments, peppered with wit and humor.

Goti Puas (Orissa)

Thanks to the pioneering efforts of Ramchandradeva that Goti Pua (or boy dancers) came into

being, during the latter half the 6th century. The last of the great dynasties of Orissa had

collapsed and the Mughals and Afghans were in the midst of a tug-of-war. Ramachandradeva,

the Raja of Khurda (a principality in Orissa) had provided refuge to Mughal soldiers, who had

been defeated by the Afghan troops and was consequently in the good books of Emperor Akbar.

The Jhoolan Jatra, celebrated every August, is the ocassion when the goti puas completely

overshadow the maharis. Today, the surviving goti pua dals belong to villages and some

prominent groups are from Dimirisena and Raghurajapur near Puri, and Darara, nearBhubaneswar. In the past goti pua artistes were patronised by Zamindars and were much in

demand during festivals like Dol Purnima, or Holi and Dussehra. However, like the maharis

their existence too is gradually fading into oblivion.


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4. Bring out the salient features of the six schools of Indian philosophy, with particular mention

of B.K.S. Iyengars contribution to the Yoga Sampradaya.

Ans: The six Indian philosophical systems are called Shad darshanas developed during the

intellectual fermentation of 6 th century B.C. Derived from the Upanishads, they give us the

essence of the Indian philosophy.

The Six darshans are:

1) Sankya of Kapila

2) Yoga of Patanjali

3) Nyaya of Gautama

4)

Vysheshika of Kanada

5) Uttara Meemamsa

6) Poorva Meemamsa

The six philosophical systems dealt with different aspects of metaphysics. Sankya and Nyaya

dealt with logic, i.e., Tarka, whereas the last dealt with pure metaphysics. Of all the six, the

Vysheshikas are the pure materialists who founded the atomic theory of universe.

Iyenger yoga is firmly based on the traditional 8 limbs of patanjalis yoga sutras. It is a form of

Hatha yoga that emphasises posture asana and breath control or pranayama.

Iyenger systematised over 200 classical yoga poses and 14 different types of pranayamas ranging

from basic to advanced. The technique was meant for the overall development of mind, body

and spirit, a holistic approach.

He definitely deserves the credit for making the Indian yoga sastra a global phenomenon.

*Note: Additional information on BKS Iyengar is attached

An eminent exponent of yoga as enunciated in the ancient Patanjali Sutra, Iyengar was credited

with spreading practice of yoga to about 60 countries which he visited carrying message from

the east to the west.

B.K.S. Iyengar was born into a poor Iyengar family in 1918 at Bellur, Kolar District of Karnataka.

Iyengar was one of the earliest students of Tirumalai Krishnamacharya, who is often referred to

as the father of modern yoga. After modern yoga had arisen from the teachings of

Krishnamacharya, it was Iyengar who established it.


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Founder of Iyengar Yoga

He founded the style of yoga known as Iyengar Yoga and is considered one of the foremost yoga

teachers in the world. He is credited with integrating the eight aspects of astanga yoga.

He also set up his own Yogavidya institute in 1975 which later expanded in various branches

across the country and abroad.

As Author

He authored 14 books on yoga practice and philosophy including Light on Yoga , Light on

Pranayama , and Light on the Yoga Sutras of Patanjali . These books were translated into 17

languages.

Awards

He was awarded the Padma Shri in 1991, the Padma Bhushan in 2002 and the Padma Vibhushan

in 2014.

In 2004, Iyengar was named one of the 100 most influential people in the world by Time

Magazine.

5. Critically examine the impact of the Sufi and the Bhakti Movements on vernacular languages.

[200 Words]

Ans : Both the movements influenced the vernacular languages

The early period of Hindi literature called Adikala was embillished by the Siddhas and the

Nathapanthis of the Bhakti movement. The Bhakti kavyas tradition was enriched by Surdas who

wrote in Vraja Basha. Tulasidas, wrote his Ram Charita Manas in Avadhi and Mira composed

her Bhajans in Rajasthani. Bhojpuri was the mother tongue of Kabir and Mythili in the hands of

Vidyapathi attained grace and power.

Hema Saraswathi, the first poet in Assamese wrote Prahladacharita. The devotional lyrics of

Chandidas and the devotional keertanas of Chaitanya deeply influenced Bengali literature.

Narsinh Mehta with his poems and songs like Govinda Gamana enriched Gujarati. Kanakadasa

and Purandsharadasa composed devotional songs in kannada. The great Marathi Bhakti reformers

like Gnaneshwar, Namadev, Eknath also contributed to the popularity of the vernacular tongue.

Tukaram Abhang, Nannaya Annamacharya and Kamban wrote in lucid style.

Similarly, the great Sufi sanits, particularly Shah Karim, enriched Sindhi. The legendary Amir

Khusran wrote in Hindi and Urdu with great felicity. Thus, a large number of Bhakti saints

contributed enormously to vernacular language.


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*Note: Please go through the information provided herein.

The Impact of the Sufi and Bhakti Movements on Vernacular Languages

It was these beliefs and the missionary zeal which made them popular among the common men.

To make their teachings more accessible to the people, they discarded the use of traditional

languages-Sanskrit, Arabic & Persian and favoured local languages, the language of the common

people like Hindi, Bangali Marathi and Sindhi etc.

During this period, literary works of high quality were produced in many regional languages.

The Nath Panthi siddhas had used the correct languages (apabhramsha) as also local

languages for their works in preference to Sanskrit. Amir Khusro, a disciple of Nizamuddin

Auliya, had noted the existence of regional languages. He says that these languages have from

ancient times applied in every way to the common purposes of life.

The rise to the maturity of many of these languages and their use as means for literary works

may be considered a striking feature of the medieval India. With the loss of prestige by the

brahmans, Sanskrit also lost some of its protg. The use of the common language by the Bhakti

saints was, undoubtedly, an important factor in the rise of these languages.

In fact, in many parts of the country, the early saints fashioned these languages for literary

purposes. In eastern Uttar Pradesh sufi saints, such as Mulla Daud, the author of Chandayan,

Malik Muhammad Jaisi, the author of Padamavati wrote in Hindi and put forward suficoncepts in a form which could be easily understood by the common man. They popularised

many persian forms, such as the masnavi.

Many Urdu works appear in the works of Amir Khusro. He made a liberal use of Hindi words in

his works, particularly in his couplets. Amir Khusro called the language used by him, Hindawi

or Dehlavi. He composed ghazals in mixed language with alternate hemistiches in persian and

Hindi, which went a long way in the development of the Urdu language. The fashion of writing

mixed poetry was followed by other scholars too.

The Sufi and Bhakti saints played an important part in the evolution of the Urdu language. The

Sufis realised that it was futile to preach Islam through persian, which was not understood by

the Indian masses. So, these saints made use of large number of Hindavi words in their

conversation with their disciples and common people.

In Gujarat the credit of popularsing Hindavi language goes to Shaikh Qutb Alam and Shaikh

Ahmad Khattu. The oldest writer in this tradition was the famous Sufi saint Sayyid Muhammad,

better known as Gesudaraz. Like Sufi saints Bhakti saints also made use of this language in

preference to Sanskrit, because it could easily be followed by the common people.


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A feature common to all the Bhakti saints was that they composed their verses in the language

best understood by the people whom they taught. This led to an interest not only in Bhakti

literature but also in translations of some of the earlier scriptures previously available only in

Sanskrit and as such inaccessible to the majority of people. The themes of the new literature were

often of common interest to more than one region, and literary innovation travelled quickly and

widely throughout India.

Amongst the eastern group of languages. Bengali was used by Chaitanya and by the poet

Chandidas, who wrote extensively on the theme of the love of Radha and Krishna. Ballads on

events of contemporary interest composed by wandering ministers were equally popular.

It was also a Bhakti leader Shankaradeva, who popularized the use of Assamese in the

Brahmaputra valley in the 15th century. He used an entirely new medium to spread his ideas. He

wrote a number of short one-act plays, of the nature of morality plays, incorporating themes

from the Puranas.

The Jagannath temple at Puri has a collection of manuscripts which date from the twelfth

century and language of these contains elements of what was cater to develop as oriya, the

language of the region. Chaitanya spent his last year at Puri and encouraged his followers to use

Oriya in preference to Sanskrit. The development of Maithili, spoken in the region of modern

Bihar, was also associated with Vaishnava and Bhakti literature.

Marathi reached its apogee at the hands of Eknath and Tukaram. Asserting the importance of

Marathi, Eknath exclaims. If Sanskrit was made by God, was Prakrit born thieves and knaves?

God is no partisan of tongues. This undoubtedly expresses the sentiments of all those writing in

local languages. It also shows the confidence and status carried by these languages. Due to the

writings of the Sikh Gurus, Panjabi received a new life.

Hindi was languages spoken in the region around Delhi, and modern Uttar Pradesh. It first

developed with the historical epics composed by local bards at the courts of the Rajput kings Prithviraja -raso, Vishaladeva- raso etc. Later it was used by the Bhakti movement. Kabir, Nanak,

Surdas and Mirabai, gave it an important status. Amir Khusro also used it in his poetry.

The saints of Sufi and Bhakti movements infused vernacular languages with the ideas of

equality, liberty, freedom of choice of worship and the importance of being a human, an

individual. This influenced life and thought of the people immensely.


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6. The Woods Despatch of 1854 is the climax in the History of Indian Education. What goes

before leads up to it, and what follows flows from it. Critically examine the fundamental

changes in the education system proposed by the Despatch, its merits and demerits. [200

Words] 10

WOODS DESPATCH (1854)

In 1854, Charles Wood prepared a set of proposals to reform the educational system in India.

Considered the Magna Carta of English Education in India, this document was the first

comprehensive plan for the spread of education in India.

1. It asked the Government of India to assume responsibility for education of the masses, thus

repudiating the downward filtration theory, at least on paper.

2. It systematized the hierarchy from vernacular primary schools in villages at bottom, followed

by Anglo-Vernacular High Schools and an affiliated college at the district level, and affiliating

universities in the presidency towns of Calcutta, Bombay and Madras.

3. It recommended English as the medium of instruction for higher studies and vernaculars at

school level.

4. It laid stress on female and vocational education, and on teachers training.

5. It laid down that the education imparted in government institutions should be secular.

6. It recommended a system of grants-in-aid to encourage private enterprise.

In 1857, universities at Calcutta, Bombay and Madras were set up and later, departments of

education were set up in all provinces. The Bethune School founded by J.E.D. Bethune at

Calcutta (1849) was the first fruit of a powerful movement for education of women which arose

in 1840s and 1850s. Bethune was the president of the Council of Education. Mostly due to

Bethunes efforts, girls schools were set up on a sound footing and brought under governmentsgrants-in-aid and inspection system.

An Agriculture Institute at Pusa (Bihar) and an Engineering Institute at Roorkee were started.

The ideas and methods of Woods Despatch dominated the field for five decades which saw

rapid westernisation of education system in India, with educational institutions run by European

headmasters and principals. Missionary enterprises played their own part. Gradually, private

Indian effort appeared in the field.

Though the plan laid down the guiding principles of the education policy, and is widely called

the intellectual charter of India, in reality steps for promoting the overall development of


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education were not initiated. Education continued to remain as the means for training clerks

than imparting intellect.

7. The 19 th C Indian Renaissance, with its mix of religious and social reform, paved the way for

the making of a new India. Comment.[200 Words] 10

Ans : The 19th C Renaissance was essentially an attempt on the part of thinkers and reformers of

modern India to reform the society in the light of Modernisation and Westernisation. It was in

response to the rapid spread of Christianity.

In spite of its limitations, a new India was the result of Renaissance. In social sphere a new India

with progressive education, and inspiring ideas like Rationalism, Humanism and Empericism

took root. A dynamic educated middle class was formed spearheading the cause of social reform.

The emancipation of women assumed utmost importance in the new society. Women could

liberate from the evils of female infanticide, Sati & child marriage. Women education was given

due importance.

The Renaissance spirit inspired lower caste movements.

In general a modern India with increased consciousness towards social, economic & political

issues was formed.

In the political sphere, cultural nationalism assumed greater importance with the Arya Samaj ofSwami Dayananda.

The Renaissance spirit & ideology inspired moderate leadership for the social & political

reconstruction of India.

8. Though the concept of nation was in its embryonic stage, there were certain elements which

definitely support the view that the 1857 Revolt was the First War of Indian Independence.

Comment.[200 Words]

Ans: For V. D. Savarkar the 1857 Revolt was the First War of Indian Independence for the

following reasons:

1) It was the first instance where different sections of the Indian society came together to throw

off the foreign yoke.

2) The ultimate aim of the revolutionaries was to liberate India.


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3) An organised expression India was found in their ideology when they declared Mughal

Emperor as the head of the revolt. Moreover, their very first target was Delhi capital city of

India which makes it clear that the concrete idea India was very much present in the revolt.

4) The Governor General himself admitted that it was a revolution indeed.

- A critical review of the class participation, causes and the course of the revolt makes it clear thatSavarkars idea of the revolt has certain limitations.

- It is not justified to call the revolt as the 1 st war of Indian Independence for the following

reasons.

I. 1. Majority sections of the Indian society remained with the English

2) More than 80% of the Princely States supported the British.

3) No intellectual supported the Sepoy; on the other hand, they wanted British to

continue their rule in India.

II. It was a fact that Mughal Emperor was declared head and it is equally a fact that he was

not prepared for the fight.

Moreover, they lacked conviction

-the same classes which led the revolt withdrew when it really turned intensive

-Leadership fought for vested interests than the noble idea of a united India. The fact that

the revolt was led by princely and aristocratic classes for their selfish ends resulted in

large sections of society remaining loyal to the British.

- There was no geographical expression INDIA in the revolt.

- As an incident, it was confined to UP, Bihar, Bengal. Rest of India virtually remainedunaffected.

- When India is defined as a nation in the Nation making as of today, it is highly

inappropriate to call an event of 19 th Century as the 1 st war of Indian Independence.

- India wouldnt have been the India that it is today in the event of the revolt becoming

successful. It is quite obvious from this observation that it was definitely NOT the 1 st war of

Indian Independence.

It was neither Indian nor a war of Independence.


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- At best, it can be summarized as the last attempt made by the Medieval landed

aristocracy to gain back their lost power, prestige and privileges.

9. Critically examine the land revenue policy of the British and its effects on Indian Society.[200

Words]

Ans: The British land revenue policy consisted of the systems Zamindari (1791) Ryotwari (1802)

and Mahalwari (1813)

The effects were quite far reaching and brought about qualitative and quantitative changes

EFFECTS OF REVENUVE POLICIES:

1. Land became a commodity that could be sold, mortgaged & sublet. For the 1 st time in Indian

history, Property Rights over the soil were created.

2. The Indian peasantry lost their customary & hereditary rights over the soil. They became

tenants at will, left at the mercy of Zamindars.

3. New social classes were formed in rural societies;

a) Absentee landlords emerged for the first time enjoying the fruits of production without

cultivating land

b) For the first time in Modern India, the Zamindars left the rural landscape and migrated to

cities. Urbanisation started taking root because of the British land revenue policy.

A new class of money lenders emerged in large numbers. This class differed from the previous

times as they were supported well by the British Judiciary. With support coming from the State,

they turned highly repressive and exploitative, charging very high rates of interest from 30% to

300%.

c) Wage earning working class called coolis were formed for the first time in large numbers.

d) Agriculture become highly commercialized causing severe shortage of food crops. The

consequent effect was the recurring problem of famines

1832-1833 Ganzam (Odissa) and 1875 Deccan Famine were the worst famines of their kind

causing terrible loss in terms of men and material.


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e) Commercialization, though beneficial in the beginning, had its devastating effects in the long

run. Indian rural economy became part of the world Capitalist Economy and India was exposed

to the fluctuations in the world market.

f) As communication networks developed the traditional Indian village society lost its closed

and self sufficient nature and character.

g) As Agriculture was ruined, survival turned difficult in the rural society, forcing the Indian

peasantry to go for large scale migrations. This adversely affected the traditional joint family system.

Revenue policies caused tremendous dislocation and unrest in the rural society of India. This

unrest was the single most important factor behind all the popular peoples movements in

Modern India.

10. Discuss the ways in which certain developments during and after the First World War created

conditions for the resurgence of Indian nationalism.[200 Words] 10

Ans: The World War I (1914-1918) did generate the factors and forces for the resurgence of

Indian nationalism.

The nationalist response to the British participation was three fold: the Moderates supported the

British as a matter of duty. For the Extremists it was a great opportunity to get self governanceby supporting the British, and for the revolutionaries a great opportunity to wage a war on

British Rule.

The war situation spurred nationalist activity as the economic scenario deteriorated. The

depression due to the War, the consequent unemployment amongst the working classes,

impoverished peasantry gave a justification for Gandhi to start non-cooperation movement. For

Madam Anne Beasant, the war was a great opportunity to exert pressure upon the British for

home rule. The high sounding nothing Montague Chelmsford reforms (1918) disappointed

Indian leadership with Diarchy instead of self government. The Rowlatt Acts of March 1919

severely undermined Civil Liberties. The Jallianwala Bagh massacre and the Khilafat issue all

served as grounds for Gandhis for Non-Cooperation Movement.

War equally gave an opportunity to the revolutionary outfits like the Gadar party to form the

first Independent Provincial Kingdom of Free India at Kabool.

Thus the war definitely gave an impetus for the nationalist activity. However, it does not mean

the resurgence of the nationalism was entirely the result of the course and the post war


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developments. One cannot ignore the constructive political activity of the Moderates and the

extremist Swadeshi Movement before the war in harnessing the forces of nationalism.

11. The Motilal Nehru Committee Report of 1928 was the first attempt at indigenous

constitution-making. Elucidate the major recommendations of the Report and its impact on

the Government of India Act, 1935. [200 Words] 10

Ans: The formation of Motilal Nehru Committee, 1928 was the first major attempt made by the

Indians to draft a constitutional frame work for the country. The report confined itself to British

India. It provided for a linkup between British India and princely states on federal basis.

The recommendations of the report effecting the frame work of Constitution are:-

1. Dominion status on lines of self-governing dominions as the form of government desired byIndians (much to the chagrin of younger, militant section-Nehru being prominent among them).

2. Rejection of separate electorates which had been the basis of constitutional reforms so far;

instead, the new demand was for joint electorates with reservation of seats for Muslims at the

Centre and in Provinces where they were in minority (and not in those where Muslims were in

majority, such as Punjab and Bengal) in proportion to the Muslim population there with right to

contest additional seats.

3. Linguistic provinces.

4. Nineteen fundamental rights including equal rights for women, right to form unions, and

universal adult suffrage.

5. Responsible government at the centre and in provinces

The Indian Parliament at the Centre to consist of a 500-member House of Representatives

elected on the basis of adult suffrage, a 200-member Senate to be elected by provincial

councils; the House of Representatives to have a tenure of five years and the Senate, one

of seven years; the central government to be headed by a governor-general appointed by

the British Government but paid out of Indian revenues, who would act on the advice of

the central executive council responsible to the Parliament.

Provincial councils to have a 5-year tenure, headed by a governor acting on the advice of

the provincial executive council.

6. Full protection to cultural and religious interests of Muslims.

7. Complete dissociation of state from religion.


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With regards the impact, the 1935 Act incorporated most of the recommendations. Going by the

spirit of the Report, the Act provided for federal structure with powers divided between the

Centre & the States. The separate electorates to the minorities were extended. The structure & the

content of the report was given effect to a great extent in the 1935 Act.

12. In Sarvodaya, Gandhi saw social upliftment, economic emancipation and moral resurrection

of all. Critically examine. [200 Words] 10

Ans : Gandhi coined the term Sarvodaya to mean good of all. Gandhi viewed his classless

society with welfare of all sections of people the poor, the down trodden, the exploited and the

wretched. He had the ideal of Sarvodaya of social upliftment, economic emancipation and moral

resurrection of all

a) For Gandhi, Sarvodaya was a concrete manifestation of many spiritual ideas found in many

religious traditions. Like many other great concepts, the evolving and expanding concept of

Sarvodaya had a small and humble beginning. Gandhi seems to have borrowed the concept

Sarvoday from a Jain scripture written by Acharya Samaanta Bhadra who lived about 2000 years

ago. No doubt, for Gandhi, Ruskins book Unto This Last was one of the main sources of

inspiration for the formation of Sarvodaya. But Gandhi admits his debt to certain other sources

like the Gospels by Tolstoy and Walden by Thoreau. Gandhi obviously drew a lot of

inspiration from Jainism. Besides Jainsim Gandhis thought owes much to the scriptures of

Hinduism, Islam, Christianity and Buddhism

b) Gandhis original use of the term Sarvodaya dates back to the year 1904. In translating

Ruskins Unto This Last into Gujarati, he acknowledged it as exerting the most radical and

revolutionary influence on his life and philosophy. The title of the book when translated into

Gujarati was Sarvodaya or the welfare of all but the idea of welfare of all formed a part of

his mental makeup even before he read this book.

c) He pointed to the role of majority rule in western democracy and the precarious position of

minorities. These are not conducive for promotion of welfare of one and all.

2) He had envisioned development with moral, ethical and spiritual values unlike Western

welfare ideology. Gandhiji wished to establish a democratic state and a new social order on

principles of truth and non-violence.

3) The dynamics of Sarvodaya are deeply rooted in the world view of Gandhi, within which he

thought and acted and from the perspective of which he viewed other realties and which gave

him the inner direction for his search for and experiments with truth


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4) Through Sarvodaya Gandhi attempted to recapture the spiritual heritage of India, which had

thrived in the villages and used it to build the nation.

5) Gandhi was convinced that decentralization of power is the key to just and equitable society.

On the economic plane, decentralization of power meant discarding big industries and

encouraging village cottage industry. Small is beautiful. This would become the economic

slogan. On the social plane, the Harijans, Tribals and members of the lower castes would be

given rights of equality

6) For building a Sarovadoya society in India, Gandhiji gave 18-fold programme. They are:-

Communal unity, Removal of untouchability, Prohibition, Khadi, Other rural industries, Village

sanitation, Nai Talim, Adult Education, Uplift of women, Education in health and hygiene,

Provincial language, National language, Economic equality, Uplift of Kisans, Uplift of labour,

Uplift of Lapers, Uplift of Adivasis, Uplift of Students.

7) Sarvodaya pleads for the replacement of the concept of class struggle by the more rational

theory of social good and harmony. This social harmony is to be realised not by mere verbal

pronouncements. It is to be experienced in daily conduct.

Critical Evaluation

Sarvodaya is a theory of ethical justice. It would like to use the external goods for the satisfaction

of the human spirit. It would regard them as means and not as an end in themselves. Sarvodayaphilosophy opposed an outlook towards life that feels insatiable hunger for material goods.

Thus, it may be noted that Sarvodaya philosophy is not negetivistic in its approach. It does not

negate the importance of material goods; however, it refuses to regard them as the dominant

goal of all human endeavour. Thus, whereas socialism is materialistic in its approach, Sarvodaya

is spiritual.

Secondly, whereas the main technique of socialism is nationalisation, that of Sarvodaya is

villagisation.

In the third place, the radical type of socialism i.e. communism believes violence as a proper

technique of destroying the existing capitalistic structure. But Sarvodaya has no place for

violence in its philosophy and technique. On the contrary, it believes in the nobility and purity of

means and holds that only non-violence can be the foundation of a society free from exploitation

and injustice. Vinobha Bhave and Jayaprakash Narayan mercilessly criticised the totalitarian

agenda of Russian politics.

To conclude, Sarvodaya is a philosophy based on moral approach to the problems of mankind. It

believes in regeneration of human heart and mind. That is the main idea behind Vinobha's


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movements of Gramdan and Sampattidan. It wants to perfect the mechanism of Representative

democracy by utilising moral idealism. Its approach is not institutional but valuational.

13. The Indian Constitution has shown tremendenous flexibility to evolve in response to

demands placed on it, but the evolutionary trajectory hasnt, in any way, altered its basic

structure. Comment.

Ans. Constitutions across the world exhibit varying levels of flexibility. Although rigid in conception

and form, the Indian Constitution has shown remarkable elasticity and flexibility to evolve in

response to demands placed on it by the polity and society.

Although it has been amended many times, the amendments have not essentially altered the

basic structure of our Constitution. The flexible and accommodative character of the Constitution

can be guaged from the following:

a) New states have been created. In 1956 India had 14 States. The number States in the Indian

Union today stands at 29.

b) Shared rule and self rule is provided through the V and VI Schedules.

c) Inter State Council was established under Art. 263 to bring about greater coordination

among states.

d) Art. 370(a), 371(j), 371(d), 371(f) are examples of constitutional reengineering to safeguard the

rights of locals people in employment and education.e) New languages have been added to the eighth schedule. The 92 nd Constitutional Amendment

Act added four new languages to the eigth schedule.

f) Reservations in education and employment for the Socially and Economically backward

classes. (93 rd Const. Amendment Act)

g) Decentralised governance through the 73 rd and the 74 th Constitutional Amendment Act.

h) Right to Education (86 th Const. Amendment Act)

Republicanism, Parliamentary democracy, Civil and Political Rights, Independence of the Judiciary, Rule of law, Federal character of the polity and Separation of powers have largely

remained intact despite multiple amendments.

14. While the 42nd Constitutional Amendment Act was an attempt to desecrate and destroy the

core essence of the Indian constitution, the 44th Constitutional Amendment Act was, instead,

an attempt to redeem it. Critically examine.

Ans. The 42nd Constitutional Amendment Act, 1976 was the last in a series of undemocratic

amendments aimed at undermining the judiciary. It conferred unrestrained power to Parliament

to amend the Constitution. Apart from curtailing democratic rights during emergency, it gave


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precedence to Directive Principles of State Policy over Fundamental Rights. It attempted to

weaken the power of judicial review and revoked the courts power to disqualify members of

Parliament or State Legislature.

The draconian nature of the Amendment can be gauged from the fact that it authorized

the president to vary proclamation of emergency ; it mandated that the president shall act in

accordance with the advice of the Council of Ministers. Given the backdrop in which it waspassed, legal scholars term the 42 nd Constitutional Amendment Act as eroding the pillars of

Indian Constitutionalism like judicial independence, Federalism, Separation of Powers and

Fundamental Rights.

The 44 th Constitutional Amendment Act, 1978, to an extent, redeemed the constitution by

placing limitations on the declaration of emergency. It restored fundamental rights, and made

Right to property a legal right. It recognized the freedom of the Press as an inalienable

democratic right although it doesnt find mention in the Constitution. The Supreme Court, in theMinerva Mills case, struck down clauses (4) and (5) of the 42 nd Constitutional Amendment Act,

which gave unlimited powers to amend the Constitution.

Although the 44 th constitutional Amendment Act did not altogether undo the 42 nd

Constitutional Amendment Act, it succeeded in restoring the primacy of Fundamental Rights. Its

greatest achievement lies in ending centralising tendencies in constitutionalism.

15. To leverage the economic and human capital of the overseas Indians, the Overseas

Citizenship of India (OCI) Scheme should be replaced with Dual Citizenship. Comment.

Ans. With the reference to the above question, the information provided hereunder will help you

acquaint yourself with all the major areas of the debate.

1. Introduction

Traditionally, most countries have tried to design their citizenship legislation so that an

individual person could only possess one citizenship. Statelessness was considered to be ananomalous situation and the same thing held true for dual or multiple citizenship. The general

opinion was that multiple citizenship would create complications, amongst which conflicting

loyalties to different States was considered to be the most problematic. Moreover, multiple

citizenship would conflict with the very nature of citizenship, which was considered to consist of

an exclusive link between a person and a State. The French author Andr Weiss (1907) expressed

this with a reference to words of Proudhon (1848): Nobody can have more than one nationality,

like nobody can have more than one motherHowever, the attitude towards dual or multiple citizenship changed considerably during the

twentieth century and the beginning of the twentieth-first century. In this paper first some

remarks on the attitude of the Indian legislator will be made (Section 2A). Special attention will


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be given to the development of a special status for Overseas Indians holding another citizenship

(Section 2B). Second, the development of the attitude of Member States of the European Union

towards dual or multiple citizenship will be given (Section 3). Section 4A discusses what would

change if India would accept the possibility to possess dual citizenship. Section 4B discusses the

possible implications if India would considerably increase the rights of Overseas Citizens of

India. Some concluding remarks will be made in Section 5.

The content of Section 3 of this paper is based on several comparative studies conducted on

grounds for acquisition and loss of nationality, in particular of the Member States of the

European Union. Inter alia on the basis of these studies detailed data are collected on the

grounds of acquisition and loss of the citizenship of Member States of the European Union and

presented in the databases of the European Union Democracy Observatory on Citizenship

(EUDO Citizenship). Two very relevant tables of those databases are included as annexes to this

paper.

2. The Indian attitude towards dual nationality and the development of the status of Overseas

Citizen of India

A) The general attitude of India towards dual citizenship

Already the Constitution of India of 26 November 1949 No person shall be a citizen of India by

virtue of article 5, or deemed to be a citizen of India by virtue of article 6 or article 8, if he has

voluntarily acquired a citizenship of any foreign state. gives a clear indication of the attitude of

India towards cases of dual or multiple citizenship. After having determined who are Indian

citizens at the commencement of the Constitution (i.e. the initial acquisition of Indian citizenship

at and directly after independence in Articles 5-8), Article 9 provides:

No person shall be a citizen of India by virtue of article 5, or deemed to be a citizen of India by

virtue of article 6 or article 8, if he has voluntarily acquired a citizenship of any foreign state.

However, according The Constitution (Declaration as to foreign states Order No. 2) of 23

January 1950 Commonwealth States are no foreign States for the application of Article 9 of the

Constitution.

The Citizenship Act 1955 provides in Section 9 that the voluntary acquisition of the citizenship of

another country causes the loss of Indian citizenship. Section 9 uses the expression of another

country and not the words mentioned in Article 9 Constitution (of any foreign state).

Consequently, the just mentioned The Constitution (Declaration as to foreign states Order No.

2 does not apply for the application of Section 9 Citizenship Act. The acquisition of the

citizenship of all countries, including Commonwealth States, therefore causes the loss of Indian

citizenship under the Citizenship Act.

Indian citizenship is not lost by voluntary acquisition of another citizenship, if the acquisition

takes place during a war in which India is engaged, until the Indian Government directs


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otherwise. The possession of another citizenship conferred involuntarily by operation of law (e.g.

by virtue of birth, descent or incorporation of territory) is not classified as voluntary acquisition

in the sense of Section9. In such cases dual citizenship may exist. A person who possesses

another citizenship next to Indian citizenship may renounce Indian citizenship under Section8

Citizenship Act. Section 8(1) reads:

(1)If any citizen of India of full age and capacity, who is also a citizen or national of anothercountry, makes in the prescribed manner a declaration renouncing his Indian citizenship, the

declaration shall be registered by the prescribed authority; and, upon such registration, that

person shall cease to be a citizen of India. Provided that if any such declaration is made during

any war in which India may be engaged, registration thereof shall be withheld until the Central

Government otherwise directs.

Section 8(2) provides that minor children of a person who renounces Indian citizenship will also

loose Indian citizenship, but can reacquire this citizenship by registration within one year afterhaving reached the age of majority.

However, it is of importance to underpin that the loss of Indian citizenship by voluntary

acquisition of the citizenship of another country by a person, does not affect the Indian citizenship

of his or her children or of the spouse of such person.

Section 6 of the Citizenship Act requires for the acquisition of Indian citizenship by

naturalization the renunciation of the citizenship of another country. Therefore, we can conclude

that India also via this naturalization requirement wants to avoid cases of dual or multiple

citizenship.

B) The development and content of the status of OCI

Many persons of Indian origin live outside of India. Inter alia because of the Indian attitude

towards dual or multiple citizenship, only a relatively small percentage of those persons possess

Indian citizenship.In order to build up special ties with people of Indian origin who do not possess Indian

citizenship the status of Persons of Indian Origin (PIO) was created. A PIO-card has a validity of

15 years. A PIO-cardholder does not need a visa in order to enter India. Reporting to police

authorities is only necessary if the PIO-cardholder stays for more than 180 days in India.

Moreover, the Citizenship Amendment Act 2005 introduced the status of Overseas Citizens of

India (abbreviated as OCI). The status provides for a life-long visa for the cardholder, exemption

from the obligation to register with local police authorities and parity with Indian citizen in

respect of economic, financial and educational fields.

In respect of the eligibility for the status of OCI Section 7A of the Citizenship Act provides:


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The Central Government may, subject to such conditions and restrictions as may be prescribed,

on an application made in this behalf, register as an overseas citizens of India

a) any person of full age and capacity,

i. who is citizen of another country, but was a citizen of India as the time of , or at any time after,

the commencement of the Constitution; or

ii. who is citizen of another country, but was eligible to become a citizen of India at the time of

the commencement of the Constitution; or

iii. who is citizen of another country, but belonged to a territory that became part of India after

the 15th day of August, 1947; or

iv. who is a child or a grand-child of such a citizen; or

b) a person, who is a minor child of a person mentioned in clause ( a): Provided that no person,

who is or had been citizen of Pakistan, Bangladesh or such other country as the CentralGovernment may, by notification in the Official Gazette, specify, shall be eligible for registration

as an overseas citizen of India.

An OCI is entitled to many rights on parity with Indian citizens. Section 7B (1) underpins:

Notwithstanding anything contained in any other law for the time being in force, an overseas

citizen of India shall be entitled to such rights other than the rights specified under sub-section

(2) as the Central Government may, by notification in the Official Gazette, specify in this behalf.

Important are the exceptions expressly mentioned in Section 7B(2):

An overseas citizen of India shall not be entitled to the rights conferred on a citizen of India

a) under article 16 of the Constitution with regard to equality of opportunity in matters of public

employment;

b) under article 58 of the Constitution for election as President;

c) under article 66 of the Constitution for election of Vice-President;

d) under article 124 of the Constitution for appointment as a Judge of the Supreme Court;

e) under article 217 of the Constitution for appointment as a Judge of the High Court;

f ) under section 16 of the Representation of the People Act, 1950 with regard to registration as a

voter;

g) under sections 3 and 4 of the Representation of the People Act, 1951 with regard to the

eligibility for being a member of the House of the People or of the Council of states, as the case

may be;


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h) under sections 5, 5A and 6 of the Representation of the People Act, 1951 with regard to the

eligibility for being a member of the Legislative Assembly or a Legislative Council, as the case

may be, of a State;

i) for appointment to public services and posts in connection with the affairs of the Union or of

any State except for appointment in such services and posts as the Central Government may, by

special order in that behalf, specify.

An OCI may register as a citizen of India, if (s)he possesses already the OCI-status for five years

and has been residing in India for one year immediately before making an application for

registration (see Section 5(1)(g) Citizenship Act).

The possibility to renounce the OCI-status is regulated by Section 7C. Section 7D provides in

which cases the Central Government may cancel the OCI-registration. The grounds for cancelling

this registration correspond in main lines with the grounds for deprivation of Indian citizenship

as mentioned in Section 10 Citizenship Act. The grounds for cancelling are:

(a) the registration as an overseas citizen of India was obtained by means of fraud, false

representation or the concealment of any material fact; or

(b) the overseas citizen of India has shown disaffection towards the Constitution of India as by

law established; or

(c) the overseas citizen of India has, during any war in which India may be engaged, unlawfully

traded or communicated with an enemy or been engaged in, or associated with, any business orcommercial activity that was to his knowledge carried on in such manner as to assist an enemy

in that war; or

(d) the overseas citizen of India has, within five years after registration under sub-section ( 1) of

section 7A has been sentenced to imprisonment for a term of not less than two years; or

(e) it is necessary so to do in the interest of the sovereignty and integrity of India, the security of

India, friendly relations of India with any foreign country, or in the interests of the general

public.

Several differences exist between OCI and PIO-cardholders in respect of the eligibility conditions

and the application process as well as the benefits. In January 2011 Prime Minister Manmohan

Singh announced merging of the Overseas Citizen of India (OCI) and the Persons of Indian

Origin (PIO) cards into a single facility to simplify visa-free entry and participation of Indian

diaspora in business and other activities in India.

A Citizenship (Amendment) Bill 2011, submitted by Rajya Sabha on 8 December 2011 proposes

to substitute the term of Overseas citizen of India by Overseas Indian Cardholder. The bill

enlarges the categories of persons who are eligible for registration as an overseas Indian

cardholder. The Bill proposes to include (i) a great grandchild of a citizen of India; (ii) a minor


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child of a citizen of India; and (iii) the spouse of an Indian citizen who has been married for at

least two years before applying for registration. Furthermore, the bill proposes that the

government may relax the requirement of one year continuous residence for registration as an

Indian citizen by 30 days, if special circumstances exist.

The Report of the Standing Committee was positive on the Bill. However, the Committee

recommended that the foreign spouse of an overseas Indian cardholdershould also be eligible foran overseas Indian card. Under the Bill, only the foreign spouse of an Indian citizen is eligible for

an overseas Indian card. Furthermore, the Committee asked the Ministry to examine

separately the issues related to Bangladeshi refugees, West Pakistani refugees, Chakma refugees

and Riang tribes. The bill is at the moment of writing still pending in parliament.

It is important to stress, that PIO and OCI-status do not imply the possession of Indian

citizenship. However, it has to be admitted that in particular the term Overseas Citizen of India

as well as the fact that this special status is regulated in the Citizenship Act can cause confusion.

16. (a) Discuss Sec. 377 of the Indian Penal Code with reference to its alleged violation of the

Right to Equality.

Ans. Sec. 377 of the Indian Penal Code is an archaic piece of law dating back to the British colonial era.

Incorporated in 1860, it criminalises sexual acts against the order of nature. The Section defines

all acts of carnal intercourse other than heterosexual penile-vaginal as against the order ofnature, irrespective of content, and punishable with upto life imprisonment.

The Supreme Court of India reversed the 2009 Delhi High Court order decriminalising

gay sex between consenting adults in public. Lawyers and human rights activists argue that Sec.

377 Violates Art.14, which guarentees equality before law and equal protection of the law.

Further, it is argued that the section also violates Art. 15 of the Indian Constitution, which

explicitly and implicity prohibits discrimination on grounds of religion, race, caste, sex or place

of birth.

(b) Discuss Sec. 295 A and Sec.124 A of the Indian Penal Code with reference to their possible

misuse to stifle the right to free speech and expression.

Ans. The Indian Constitution places reasonable restrictions on free speech and expression in the

interests of sovereignty and integrity of India, the security of the State, friendly relations with

foreign states, public order, decency or morality, or in relation to Contempt of Court, defamation

or incitement to an offence.

But Sec. 295 A and Sec. 124 A of the I.P.C have often been in the spotlight for their

alleged misuse in the name of religious rights and Sovereignty and integrity of India


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respectively. Sec. 295 A explicitly criminalises deliberate and malicious acts intended to outrage

religious feelings of any class by insulting its religion or religious beliefs. Sec. 124 A of the I.P.C.,

otherwise known as the Sedition Law, criminalises attempts to excite disaffection towards the

government.

There have been growing demands to repeal both the sections of the I.P.C for they go against the

cherished ideal of free speech and expression. While penguins withdrawal of Wendy Doningersbook The Hindus : An Alternate History has thrown the spotlight on Sec. 295 A & its possible

misuse, the booking of Arundhati Roy, Aseem Trivedi, Binayak Sen and Kashmiri students in a

private university in Meerut brought Sec. 124 A back into rights discourse.

17. Although the Directive Principles of State Policy are non-justiciable and non-enforceable,

they, nevertheless, complement and supplement the Fundamental Rights. Critically evaluate.

Ans. It should be remembered that the Preamble, the Fundamental Rights and the Directive Principles

are all integral parts of the same constitutional edifice. They are all equally important and have

to be read with each other. The emphasis in the entire scheme of the Constitution under the

headings of the Preamble, the Fundamental Rights and the Directive Principles, is on building an

egalitarian society and on the concept of socio-economic justice.

In as such as the Directive Principles though declared to be fundamental as guiding

principles for making and administering laws were not made enforceable in court of law, they,

nevertheless, represented a subtle compromise between the idealistic and realistic elements of

Constitutional Philosophy. While Fundamental Rights articulate the idea of political democracy,

DPSP articulate the ideal of Economic democracy.

The fundamental Rights and the Directive Principles together constitute the soul of the

Constitution. It is now clearly understood that there is no essential dichotomy between

Fundamental Rights and the Directive Principles. They complement and supplement each other

(Kesavananda Bharti vs State of Kerala). If the Fundamental rights represents the donts for the

Government and the legislature, the Directive Principles represents the dos. There is no conflict.

In the Minerva Mills case, Justice Y.V. Chandrachud declared that the Indian Constitution is

founded on the bedrock of Fundamental Rights and Directive Principles of State Policy. To give

primacy to one over the other disturbs the harmony of the Constitution.

The judicially expanded understanding of Art.21 now includes several socio-economic

entitlements (DPSP) for citizens which place positive obligations on the State. The rights based

legalistic approach adopted by the Constitutional Courts in India has only reinforced the view

that Fundamental Rights and Directive principles of State Policy are indeed complementary. The

Right to Education (86 th Constitutional Amendment Act) is a fine example of the accommodative


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nature of Art. 21. It shows that unmanageable contradictions do not exist between Fundamental

Rights and Directive Principles of State Policy.

18. While public Interest Litigation (PIL) and Social Action Litigation (SAL) address questions of

administrative apathy and legislative inaction, they raise pertinent questions about the

Doctrine of Separation of Powers. Critically examine the above statement in the light ofgrowing criticism against judicial activism.

Ans. Judicial Activism has come under severe scrutiny in recent years. It is argued that India

has come to be ruled by the judges. Some commentators allege that judicial activism, noble in

intent it may be, violates the Doctrine of Separation of Powers.

Judicial Activism has its roots in Public Interest Litigation. Through PIL and SAL, the

Courts have been exercising Judicial Review to protect and enforce Fundamental Rights

guaranteed under Part III of the Constitution. Through Judicial Activism, the Constitutional

Courts in India have been upholding not only Civil-Political rights, but also Socio-Economic

Rights guaranteed under the Directive Principles of State Policy.

Starting with the case involving the plight of under-trials in Bihar (1979), the judiciary,

led by the Supreme Court, became relevant to the nation in a manner not contemplated by the

makers of the Constitution. There have been milestones in PIL since then: the Agra Protection

Homes case, the Bandhua Mukthi Morcha case, the Sriram Food and Fertilizer case, the Visakha

vs State of Rajasthan case and the cases filed by M.C. Mehta, PUCL and Council for

Environmental Legal Action.

PIL and SAL became inventive judicial tools to drive the legislature and the executive into

action in the service of the low visible mass of humanity, i.e., the poor and the underprivileged

of India.

However, in recent years, the original, beneficial and unexceptionable character of the

Courts activism in PIL and SAL has been largely converted into a general supervising jurisdiction to correct actions and policies of government, public bodies and authorities. This is

unparalleled in any judiciary and is violative of the theory of Separation of Powers. Continuing

Mandamus is used to monitor investigating and prosecution agencies. Setting pollution norms,

fixing parking charges, laying down guidelines for admissions in private colleges and placing

restrictions on the use of speakers and fire crackers etc., are responsibilities of the Executive. In

the name of upholding rights, the courts, however, have exercised the above functions, which is

a violation of the Doctrine of Separation of Powers.


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19. Law and Order as a State subject needs a thorough relook in the wake of mounting internal

and external security challenges that call for greater coordination between the Centre and the

States. Comment.

Ans. India has been facing complex internal and external challenges that require a coordinated effort

by the Centre and the States. Left wing extremism and cross border terrorism represent grave

threats to Indias national security. Schedule VII of the Indian constitution lists Law and orderas a State subject. The subject of national security has put the federal framework under strain in

recent years. The centres proposal to set up a National Counter Terrorism Centre (NCTC) has

been vehemently opposed by many states on the ground that it militates against the federal spirit

of the Constitution.

Similarly, efforts to amend the Railway Protection Force Act (1957) and the Border

Security Force Amendment Bill, 2011 met with stiff resistance from the States. Although Art. 355

mandates the Union to protect every State against external aggression and internal disturbance,efforts by the Union to uphold national security are largely termed anti-federal by the States. It

must be noted that the makers of Indias constitution did not envisage the kind of external and

internal threats the country is today faced with. Meeting the challenge of terrorism has to go

beyond the narrow interpretation of law and order. It is in this context that the II Administrative

Reforms Commission called for an institutionalized system to foster better coordination,

exchange of resources, information and better management. It called for certain areas in internal

security to be put in the concurrent list rather than the whole subject as such.

Although the security challenges both internal and external are daunting, one must

not forget that India is a vast country with polycentric diversity. Altering the present framework

may undermine the holding together federation that we are. Instead, the Central government

should play the role of a facilitator and a coordinator for better security outcomes.

You can construct an answer that may be different from the one I have provided here.

20. It is not constitutional law but political factors that ultimately determine Centre-State

relations in India. Critically examine.

Ans. The Indian Constitution has a federal scheme. Although it has a distinct unitary bias, one cannot

say that the States in India are subordinate to the Centre. The Constitution, under Art. 246, lays

down the distribution of legislative powers between the Centre and the States. Similarly,

administrative and fiscal distribution of powers is also envisaged in our Constitution. Apart

from legislative, executive and fiscal division of powers between the Union and the States, there

are mechanisms for dispute resolution between the Centre and the States and States inter se. All

of the above would tempt one to believe that federal relations in India are governed by


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constitutional law. Yes, to an extent, it is constitutional law that shapes out federal polity. But

political factors play an equally big role in shaping Centre State relations.

The creation of new States in India, the imposition of Emergency under Art. 356 and the

appointment and removal of Governors are influenced more by political factors than by

constitutional and statutory provisions.

It is widely believed that fiscal relations are also shaped by political factors. It is not uncommon

that certain states corner a greater share of discretionary fiscal transfers like Centrally Planned

Schemes and Centrally Sponsored Schemes. Tamil Nadu is a case in point.

In matters of internal security and foreign policy, States are guided by political

compulsions. For example, fishermen disputes in Tamil Nadu have affected Indias foreign

policy with Sri Lanka. The opposition to Foreign Direct Investment by states like West Bengal,

Orissa and Madhya Pradesh and the resistance to Goods and Service Tax by opposition ruled

states during the UPA II regime are fine examples. The opposition to the Land Border

Agreement and Teesta River Water Accord by the West Bengal Chief Minister could also be seen

in the above light.

From the above, it becomes abundantly clear that political factors have a bearing on

Centre State relations.

21. States in India have been demanding greater share of revenues from the central pool ofdivisible taxes. In the light of the above, critically examine the existing mechanisms of inter-

governmental transfers (IGTs).

Ans: Resource transfers from the Union to the States takes place in implicit and explicit ways. Implicit

transfers consist of subsidies, especially for food, fertilizer and fuel; tax concessions for Special

Economic Zones; and subisidized loans to States from the Central government or the banking

system, etc.,

The explicit mechanisms of transfer are three fold:

1) Devolution of taxes through the Finance Commission, set up by the central government

every five years under Article 280;

2) Grants and loans given by the Planning Commission for implementation of development

plans;

3) Transfers for various projects wholly funded by central government, or for the so-called

centrally sponsored schemes, for which states typically bear a proportion of the cost.

The system of Inter-governmental transfers in India faces multiple and varied challenges. The

rise in discretionary transfers, i.e., Centrally Planned Schemes (CPS) and Centrally Sponsored

Schemes (CSS), is seen by many as an attempt to achieve political goals by overriding


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Constitutional and formula based transfers. The share of these transfers increased steadily from

less than 12% in the IV and V Five Year Plan Periods to about 20% today.

The increasing role of the Planning Commission in charting out development has severely

undermined the role of the Finance Commission. Another major concern has been the gap filling

approach of the Finance Commission.

The methodology followed by the Finance Commission in tax devolution could encourage fiscal

laxity. In the present context, States with larger deficits are getting rewarded.

In addition to the above shortcomings in revenue transfers, the Gadgil formula employed for

determining plan transfers has also come under the scanner. More States are demanding Special

Category Status, citing backwardness. States like Bihar, Orissa, Chhattisgarh and Jharkhand

have been demanding Special Category Status. Another area of concern is the poor devolution

of finances to local bodies, which is less than 2% of the equalisation efforts of the Finance

Commission.

To sum up fiscal federalism in India needs to be perpetually altered and mended to cope with

the emerging challenges in the fiscal domain.

22. There is often a mismatch between functional responsibilities and resource generation

capability of urban local bodies. In the light of the above statement, suggest ways and means

by which urban local bodies can shore up their finances.

Ans: The 74 th Constitutional Amendment Act envisages urban local bodies as units of self governance

within the framework of a multi-level federal polity. Although the Act has been in operation for

close to twenty years, the robustness of urban local bodies has always been suspect. Urban

revenue receipts can be broadly classified as follows:

a) Tax revenue

b) Non tax revenue

c) Devolution of funds from the State government.

d) Grants from Union and State governments for development schemes.

e) Borrowings.

The mismatch between functional responsibilities and resource generation capability of local

governments, including Urban Local Bodies, is generally the result of inadequate delegation of

taxation powers.

The following steps would help Urban Local Bodies shore up their finances:

i) States may give greater share of receipts from professional tax, Stamp Duty, Entertainment

Tax and Motor Vehicle Tax to Urban Local Bodies


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24. 'The MPLADS Scheme creates a parallel development structure and provides executive

authority to members of Parliament, which is a gross violation of the Doctrine of Separation

of Powers'. Comment.

Ans. The MPLADS Scheme was started in 1993. The objective of the scheme is to enable members of

Parliament to recommend works of development, with emphasis on the creation of durable

community assets based on locally felt needs.Under the Scheme, members of Parliament may identify projects and sanction upto Rs.5 crore

per year for public works in their constituencies.

Right from the inception of the Scheme, serious questions have been raised on the ground that it

is inconsistent with the doctrine of separation of powers and the federal framework envisaged in

the Indian Constitution. It is further argued that the scheme undermines local bodies by creating

incentives for MPs to provide services such as roads, bridges and streetlights that are

constitutionally the responsibility of local governments.

The Doctrine of Separation of Powers envisages a clear demarcation of powers between the

legislature and the Executive. The National Commission to Review the Working of the

Constitution (NCRWC) and the II Administrative Reforms Commission recommended that the

scheme be scrapped because it confers executive authority on legislators, whose primary job is to

make laws. The scheme, the Second Administrative Reforms Commission argues, creates a

conflict of interest between the legislator and the Executive and seriously compromises the

oversight function that legislators ought to play.

Although the Supreme Court of India, in response to a writ petition, decreed the scheme

as constitutionally valid, the fact that the scheme raises serious questions of constitutional

propriety is reason enough warranting a serious relook.

Note:

Students may note that they can take a line which is entirely different from the one I have

taken. In other words, they can robustly defend the MPLADS scheme.

25. Parliamentary procedures need to be reevaluated and revamped for effective law-making and

improved legislative oversight on the Executive. Discuss.

Ans. I am not giving an answer in 200 words for this question. Instead, I am listing issues that fall

in the zone of intersection between the legislature and the executive. The points listed

highlight the need for revamp of parliamentary procedures.

Indian Parliament is in a peculiar position. The Constitution entrusts it with the responsibility of

holding the Government accountable, yet it does not have the power to convene itself to keep

checks on Government functioning. In some Commonwealth countries, the yearly calendar of


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Parliament is determined in advance and the dates of its sittings are known for the entire year.

Unlike in India where the President convenes and prorogues the Parliamentary sessions, in these

countries Parliament is in session for the entire year and takes scheduled breaks in between.

Such mechanisms ensure that the Government does not escape Parliamentary scrutiny.

Another Constitutional change is with respect to the anti-defection law. Currently, MPs are

required to vote in the Parliament on party lines. If they vote against the party whip they standto lose their seat in Parliament. This impinges upon the concept of MPs as lawmakers and

reduces them to a headcount. The Vice President has suggested that the MPs should be

required to vote on party lines only when the fate of the Government hangs in balance. On

legislative and other debates, they should be allowed to vote according to their will.

Parliamentary procedures have not seen major changes over the last 60 years. Parliament is a self

regulating body that can easily change its procedures for smooth and effective functioning.

While a number of Parliamentary procedures could use some updating, there are three aspectswhich need immediate attention.

The first one is the business that is conducted in Parliament. Currently the business that is

transacted is dictated by the Government and the Opposition has a limited say in setting the

agenda for debate. This leads to disruptions, when the Government is reluctant to debate

contentious issues. In other Parliamentary democracies this is handled in two ways. The first is

by giving the Opposition parties a fixed number of days in a week where they are free to decide

the days agenda. The second is that a debate on a topic is taken up if a minimum number of MPsare in favour of such a debate. Recommendations to this effect have been made in conferences of

whips and presiding officers that are regularly organised by the Ministry of Parliamentary

Affairs.

The second area of focus should be departmentally related parliamentary committees. These

were constituted in the early 1990s to scrutinise Bills and the work of Ministries. However

Parliamentary procedures limit their effectiveness to a certain extent. For example, the rules do

not make it mandatory for all Government Bills to be referred to a standing committee. Thereferral of Bills depends on the discretion of the presiding officer. This results in ministers

requesting presiding officers not to refer Bills to committees on grounds of urgency. A recent

example of this was a Bill that was introduced by the Government with respect to that of

bringing political parties under the ambit of RTI. Sustained public pressure and request made by

MPs led to the Bill being referred to a committee. This is despite the fact that with respect to the

Bills, the committees recommendations are not binding and the Government is not required to

provide reasons for refusing to accept the committees recommendations. While bureaucratstestify before these committees, Parliamentary procedures prevent the calling of ministers to

appear before these committees. These committees are entrusted with the task of examining


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technical and nuanced policy issues. However they do not have access to subject matter experts

who can support their work.

The third aspect is with respect to voting in Parliament. Almost all of the business of Parliament

is transacted by a voice vote, which means that MPs shout ayes or nayes expressing their

stand on Bills and motions. Recorded voting by pressing of buttons only takes place during a no

confidence motion or when an MP asks for it and the presiding officer accedes to the request.Keeping a record of how an MP voted is important because, not only does it incentivise an MP to

be present during debates in Parliament, it also makes his stand on issues clear to people.

The last change is empowering our MPs with adequate resources which are commensurate with

their role as national legislators. Currently our MPs have inadequate support to effectively

discharge their role as law makers. Ministers have the entire Government machinery available to

them and MPs are required to keep these ministers accountable without any proper office or

staff. With legislation becoming technical and Parliament debating issues which require in-depthunderstanding of law and policy, our MPs can only be as effective as the research support they

have. This would ensure that the MPs are effective in the interventions that they make in

Parliament and are able to hold the government accountable for its functioning.

The process of enacting a law is as follows. A Bill has to be first introduced in one House of

Parliament (first reading). The Bill may be referred to the relevant standing committee, which

has members from both Houses. This is not a mandatory step. After the committee presents its

report, the Bill is taken up for consideration. At this stage, the various provisions of the Bill arediscussed in detail, and each clause is voted upon. Members may move amendments to the

clauses. This is the second reading. Then the Bill (with the amendments passed in the second

reading) is taken up for a final vote (third reading). Once passed, the Bill is sent to the other

House, which has the second and third readings. The Bill is then sent to the President for his

assent. The process needs several reforms. The first question is who can introduce a Bill?. In

theory, any MP may introduce a Bill: those introduced by the government through ministers are

called government Bills, others are called private members Bills. In practice, only governmentBills are passed into law. Only 14 private members Bills have been passed in Indias history, the

last one in 1970. Contrast this with the British Parliament, which passed 17 private members

Bills in the three years since the last elections in 2010. As these Bills are not usually passed in

India, MPs propose these merely as a signalling device towards issues that they consider

important. Providing greater importance to private members Bills would enable a new law to be

made, without government sponsorship, if an MP can convince others of the merits of the

proposal. This reform is needed to make MPs true legislators.

While looking at the legislative process, one can consider three stages: before the Bill is

introduced (pre-legislative), while in Parliament, and later (post-legislative). This year, the

committee of secretaries has mandated pre-legislative scrutiny of all government Bills. It requires


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the administrative ministry to publish the proposed legislation on the Internet and through other

media, and include the reasons for the Bill, the financial implications and impact on the

environment, society etc. The ministry should seek public feedback on the Bill, which would be

collated and sent to the standing committee when it examines it. This is a move towards

increasing public participation in legislation and must be followed in spirit.

It is necessary to revitalize the legislative process in Parliament. Two crucial stages need to bestrengthened: examination by committees and discussion on the floor of the House. Only abou

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