Summary

Polity Class 34

THE CLASS STARTED WITH A BRIEF OVERVIEW OF THE PREVIOUS CLASS (05:01 PM)

PROCLAMATION OF PRESIDENT'S RULE (05:05 PM)

The president's rule must be approved by both houses of the parliament within two months.
It requires only a simple majority.
There is no scope for joint seating of the parliament.
Once the president's rule is imposed it will continue for a period of six months, It can be revoked before the expiry of six months at any point of time by the president.
Its revocation does not require the approval of the parliament.
Consequences of the President's Rule:
The governor becomes the real executive.
Parliament can make laws for the state during this period and they will be inoperational for a period of six months after revocation of the president's rule.
State legislative assembly can come out with new legislation in place of laws made by parliament.
For the first time president's rule was imposed in Punjab in 1951.

FINANCIAL EMERGENCY (5:18 PM)

Article 360 empowers the president of India to impose a financial emergency if there is any threat to the financial stability of India or credit of India or any part of its territory.
The Imposition of a financial emergency can be reviewed by the judiciary.
Parliament must approve the imposition of a financial emergency within two months with a simple majority after its proclamation.
Once it is imposed it can continue indefinitely until it is revoked.
Parliamentary approval is not required for its continuation.
It can be revoked by the president at any point in time after its imposition.
Revocation does not require parliamentary approval.
Impact of financial emergency:
The Union government can give directions to any state to observe financial propriety and any other directions as the President may deem necessary.
These directions include reducing salaries and allowances of all or any class of persons serving in a state.
All money bills of the state and other financial bills should be sent for presidential consideration after they are passed by state legislative assemblies.
Reduction of salaries of all or any class of person serving in the union government.
Reduction of salaries and allowances of supreme and high courts.
Till now financial emergency has not been imposed even though the country faced a severe financial crisis in 1991 and during the lockdown in 2020.

STATE LEGISLATURE (05:29 PM)

Articles 168 To 212 deal with the state legislature.
Six states in India have bicameral legislatures. (Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, and Telangana)
Parliament has approved the Tamil Nadu legislative council but it is yet to come into existence.
The maximum strength of the state legislative assembly is 500 and the minimum strength is 60, but there some states where the strength is 30 like Goa and Sikkim.
Delhi and Puducherry are the only UTs that have state legislative assemblies, recently the J & K has been converted into UT and has a legislative assembly.
State Legislative Council:
Parliament can abolish or create a state legislative council.
The state legislative assembly must pass a resolution to create the council and it must be passed with a special majority.
Once this resolution is passed, both the houses of the parliament must approve with the simple majority.
It will not be considered a constitutional amendment under Article 368.
There is no scope for joint sitting if there is any deadlock between Lok Sabha and Rajya Sabha.
State assembly resolution is not binding on the central government which means the central government can make independent decisions.
Powers of the state legislative council:
It has equal powers with the legislative assembly in the following aspects:
a) Introduction and passage of ordinary bills, in case of a deadlock between assembly and council, the Assembly prevails over the council.
b) Approval of ordinances issued by the governor.
c) Selection of chief minister and council of ministers but the CM and Council of ministers are accountable only to the assembly.
d) Consideration of reports of constitutional bodies like a state finance commission, or state public service commission.
State assembly has more power in the following matters:
1) Money bills can be introduced only in the state legislative assembly.
2) The Council can suggest amendments but the state assembly can either accept or reject those amendments.
3) The speaker of the state legislative assembly has the power to decide whether a bill is a money bill or not.
4) The Council can discuss the budget but it can not vote on demand for grants.
5) The Council can not remove the CM or Council of Ministers but the CM and other Council of Ministers can be from the state legislative council.
6) State legislative council can not vote on constitutional amendment bills.
7) Finally the existence of a state legislative council depends upon the will of the assembly.
Members of the State Legislative Council:
Its maximum strength can be 1/3 of the total members of the state assembly and a minimum of 40.
The 1/3 of the members shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly.
1/3 are elected from local self-governance.
1/12 are elected from the graduates from the states.
1/12 are elected from the teachers.
The remainder shall be nominated by the Governor from the field of art, humanity, science, etc.

LOCAL SELF GOVERNMENT (05:58 PM)

Why rural development is significant:
At the time of Independence 90% of the population was living in rural areas and for a maximum number of people agriculture was their main source of livelihood.
Rural development was critical to the overall growth and development of the nation.
From the perspective of food security
According to the 2011 census, 67.5 % of the population lives in rural areas, and for almost 55% of our population agriculture is the main source of livelihood.
From a political perspective, representative democracy can be transformed into participatory governance only when local self-governance is empowered, for example India has around 800 MPs and around 5000 MLAs/MLCs for a population of 140 crore, but with the implementation of the 73rd amendment, there are 3.2 million people elected representatives at the local level out of which 1/3 are women.
From an administrative perspective, policies are formulated by the union and state government but their implementation can take place at the union level, successful implementation of these policies is possible only when the proper institutions are created at the local level.
From the Economic dimension, From a supply-side perspective food security is dependent upon agricultural productivity.
Agriculture as an activity takes place only in rural areas.
From the demand side overall demand for goods and services depends upon rural areas.
From the Social and cultural dimension, empowerment of women, SCs, STs, OBCs, and minorities is possible with the development of rural areas.

73^rd CONSTITUTIONAL AMENDMENT (06:56 PM)

In the 1950s as part of rural development, the union government started two important schemes, a community development program, and a national extension service but both these schemes resulted in failure, and the government-appointed Balwant Rai Mehta Committee to find out the reasons for failure of these schemes.
The committee has identified two important reasons:
a) Failure of participation of stakeholders in the implementation process.
b) Absence of local self-government.
The committee has recommended people elect local self-government in rural areas.
It has recommended three-tier governance with gram sabha or gram panchayat at the lowest level.
Mandal or block panchayat at the middle level.
Zilla panchayat at top level.
Rajasthan had implemented these recommendations on a pilot basis and Andhra Pradesh became the first state to implement these recommendations followed by the states of West Bengal, Kerala, Himachal Pradesh, and Karnataka.
With an emphasis on a centralized planning process and top-down approach to its implementation for a long period both central and state governments have not given any importance to the empowerment of local self-governments.
The Ashok Mehta Committee was appointed by the Janata government to suggest reforms in local self-government in December 1977.
It had recommended 2 tier governance at the local level with mandal panchayats at the bottom level and Zilla panchayats at the top.
Since local self-government is part of the state list, the union government has forwarded this recommendation to state governments again most of the state governments have not shown any interest in the implementation of these recommendations.
In 1985, the G.V.K Rao committee was appointed by the planning commission and it recommended the revival of panchayat raj institutions.
In 1986, the L.M Singhavi Committee was appointed and it recommended constitutional status to PRIs.
In 1988, the Thungan Committee also recommended constitutional status to panchayats.
In 1989, the 64th constitutional amendment bill was introduced to provide constitutional status to panchayats but it was defeated in the Rajya Sabha due to resistance by opposition parties.
It was a phase of confrontational federalism.
In 1992, The same amendment was reintroduced as the 73rd amendment and it was passed by both the houses of parliament and also by the majority of the states.
By 1995, almost all states had conducted elections for local bodies.
In 2006, a Chief minister's conference was held in Delhi to review the performance of the state governments in the implementation of the 73rd Amendment.
The Planning Commission as part of the mid-term review conducted extensive research with the help of the Indian Institute of Public Administration regarding the performance of state governments in the implementation of this landmark amendment.
Second ARC and M.N Punchi Commission on Center and State Relations also have submitted reports regarding the implementation.
All these committees and commissions have identified major weaknesses in implementation.
Problems faced by Local self-government:
As pointed out by Mahatma Gandhi real freedom is not getting freed away from Britishers but it is about transforming our villages into self-sufficient and independent republics.
Gram Sabha is the best example of direct democracy.
It includes all elders of the village whose names are mentioned in the voters list.
They are expected to come together, hold meetings regularly, and make decisions through consensus but in reality,
Gram sabha faced many practical problems:
a) Size of Gram Sabha: When this amendment was passed it was assumed that the size of Gram Sabha would be around 2000 people and they were expected to make collective decisions but due to the increase in the overall population and also a rapid increase in density of population in some states the average size of gram sabha has increased to almost 25,000 people.
It has become practically impossible to conduct meetings of the Gram sabha.
Solution: It is suggested that those big villages can be divided into wards for administrative convenience.
Ward sabhas can be held with a population not exceeding 2,000.
Decisions taken by ward sabhas can be included in the decisions of gram sabha.
b) Participation of Women:
Due to patriarchial societies and rigid customs and traditions, it has become almost impossible for women to participate in meetings of gram sabha, defeating the very purpose of direct democracy.
Solution: Separate Mahila sabhas can be held within the gram saha and decisions taken by Mahila sabhas must be included in the overall decisions of gram sabha.
c) Meetings of Gram sabhas are not held regularly and Gram panchayats unilaterally take all decisions without the participation of Gram sabhas.
It is envisaged that gram sabha would be like an assembly at the local level and gram panchayat like a council of ministers.
Decisions taken by the assembly should be implemented by the Council of Ministers but in reality meetings of gram sabha are never held regularly and gram panchayats take all decisions without involving gram sabhas.
Solution: It should be made mandatory that meetings of gram sabha should be held at least three times a year on national holidays including 26 January,
It should be made mandatory that gram panchayat should not implement decisions without the permission of the assembly.
Publicity should be created about meetings of the gram sabhas so that a maximum number of people can attend them.
In the last 30 years, the country witnessed a huge amount of migration of people from rural to Urban areas, which has made it almost impossible for them to participate in meetings of gram sabhas.
Technology can be used to ensure their participation.

THE TOPIC FOR THE NEXT CLASS: RESERVATION TO WOMEN IN LOCAL GOVERNMENT.