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UNIT IV Indian Federal System – Center – State Relations – President’s Rule – Constitutional Amendments – Constitutional Functionaries - Assessment of working of the Parliamentary System in India
Indian Federal System
Federal System of India is governed in terms of the Constitution of India. The country of India is also referred to as the Sovereign, Secular, Democratic Republic and has a Parliamentary form of government. The nation is basically a Union of 28 states and 7 Union Territories that works according to the Indian Constitution, which was adopted on the 16th of November 1949.
In the Federal System of India, the head of the Executive Union is the President of the country. The real political as well as social power, however, resides in the hands of the Prime Minister, who in turn heads the Council of Ministers. According to the Federal System of India, it is clearly stated in the Article 74(1) of the Indian Constitution, that the Prime Minister and his Council of Ministers will advise and help the President. The Indian Constitution is subject to change, however, this change can only occur after the bill is passed with a majority of votes in the Parliament House. Legislative powers are shared between the State Legislatures and the Parliament, while the rest of the powers are in the hands of the Parliament of India. The Federal System in India conveys that the President, the Prime Minister, the Council of Ministers and the Vice-President, together form the Union Executive.
Federalism And the Political System in India*
India has a constitutional and political system which has some federal features. The Constitution provides the Central government with overarching powers and concentrates administrative and financial powers in its hands. At the same time, there is sharing of powers and resources between the Central government and the states in a limited fashion. The experience of partition at the time of independence conditioned the Constitution makers to build in various features in the Constitution which worked against the federal principle.
The Centre has the power to reorganise the states through Parliament; Governors appointed by the Centre can withhold assent to legislation passed by the state legislature; Parliament can override legislation passed by the states in the national interests; the Governor can play a role in the formation of state governments and the Centre is vested with the power to dismiss the state governments under Article 356; residuary powers are vested with the Centre and the major taxation powers lie with the Central authority. Alongside these unitary features, there is a division of subjects between the Centre and states and a concurrent list. Judicial review of Centre-state relations exist as in a federal system. On the balance, the Indian political system has federal features which are circumscribed with a built-in unitary core.
The history of federalism and Centre-state relations in India is marked by political mobilisation and intermittent struggle to fashion a more federal set-up. Even though such efforts have not yet resulted in any major constitutional changes towards a more federal orientation, the struggle has not been entirely fruitless. It will be useful to trace the tortuous course of the movement for federalism. In the first phase lasting till the late sixties, the task of nation building and development was the main concern of India’s rulers. There were separatist problems in Jammu & Kashmir and Nagaland in the North-East but these were seen more as challenges to national unity and issues of national security. The drive towards centralisation which began in this period also coincided with the period of Congress dominance both the Centre and in the states. But this period was not solely dominated by the trend of centralisation. One of the major democratic movements in the post-independence period -- the movement for the formation of the linguistic states -- took place in the fifties which resulted in the formation of the linguistic states in 1956. The ruling Congress and the Central government resisted this demand and gave in, in the face of strong
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WWW.VIDYARTHIPLUS.COM popular movements. This laid the basis for the later assertion by the states for greater powers. The second phase began with the 1967 general elections. The Congress party, for the first time lost in nine states and non-Congress state governments came into being, including the Left-oriented United Front governments in West Bengal and Kerala. The demand for restructuring of Centre-state relations picked up momentum. The political response of the ruling party at the Centre under Mrs. Gandhi’s leadership was to maneouvre to regain the lost political ground and pursue policies designed to centralise more powers at the Centre both political and economic.
The seventies and eighties, therefore, saw a tussle between the Congress on the one hand and the regional and Left parties on the other for greater powers to the states. Beginning with the Rajmannar Committee set-up by the DMK government in 1969 to the memorandum on Centre-state relations by the Left Front government of West Bengal in 1977 to the opposition conclave on Centre-state relations in Srinagar in 1983 – the framework for the restructuring of Centre-state relations and a more federal political system was prepared. The Central government responded by appointing the Sarkaria Commission on Centre-state relations in 1983.
RELATION BETWEEN CENTRE AND STATE IN INDIA
After independence India adopted the federal structure for, perhaps, administrative convenience. The state did not impose compulsions. That is why limited autonomy has been given to the states. There is dual policy, with the Union government at the centre and the state governments at the periphery—each enjoying powers assigned to them. The autonomy of the states is so adjusted with the centre that the latter can perform its function of ensuring unity of the country. Pt. Nehru wanted a happy and harmonious compromise between the strong centre and autonomous states.
Weak centre, he thought, would be able to ensure peace, coordinating matters of common concern and of speaking effectively for the whole country. But if units do not enjoy autonomy, it would be a retrograde step politically and administratively. With the coming of the different political parties in power in some states and the centre, a qualitative change in the relations is demanded. Last year the West Bengal government refused to take account of the guidelines sent by the Planning Commission for the Sixth Five-Year Plan. The Karnataka also resented some of the measures taken by the centre. The Punjab and Jammu & Kashmir Chief Ministers wanted a revision of the Constitutional position of centre-state relations.
The legislative relations between the centre and the states determined in accordance with the provisions of the Article 246 of the Constitution. The legislative powers are categorized in three lists—Union Lists with 97 subjects, States List with 66 and Concurrent List with 47 subjects. Residuary legislative powers rest with the Parliament. Moreover when there is state of emergency, Parliament can make laws on the subjects given under Union List. In the case of a conflict between the laws made by the state and the laws passed by the centre the central law will prevail. Clearly the centre is decidedly stronger as far as legislative powers are concerned.
The executive power of every state must comply with the laws made by the Parliament. The executive power of the state should be exercised in a manner that it does not impede of prejudice the executive power of the Union. The centre can direct the states if matters of national importance are concerned. During emergency, Union government can assume vast administrative powers.
President's Rule
President's Rule refers to Article 356 of the Constitution of India deals with the failure of the Constitutional machinery of an Indian state. In the event that government in a state is not able to function as per the Constitution, the state comes under the direct control of the central government, with executive authority exercised through the Governor instead of a Council of Ministers headed by an elected Chief Minister accountable to the state legislature.
Article 356 is invoked if there has been failure of the constitutional machinery in any state of India. During President's Rule, the Governor has the authority to appoint retired civil servants or other administrators, to assist him. These advisors assume the functions of State's Council of Ministers.
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IMPOSITION OF PRESIDENT'S RULE
In practice president's rule has been imposed under different circumstances such as these:
State Legislature is unable to elect a leader as Chief Minister Breakdown of a coalition Elections postponed for unavoidable reasons Most often, until the mid-1990s, it was imposed in states through abuse of the authority of Governors in collusion with the federal government. However, following a landmark judgment by the Supreme Court of India in March 1994, such abuse has been reduced drastically.
Instances of President's Rule Date Indian Stat Date To Reasons & Comments From
15 Nov 28 Mar
Andhra State Loss of Majority. 1954 1955
11 Jan 10 Dec Break down of Law & Order due to Jai Andhra Agitation, In
Andhra Pradesh 1973 1973 P.V.Narasimha Rao's Tenure.
3 Nov 18 Jan Loss of Majority following defections in a fluid political environment
Arunachal Pradesh 1979 1980 during Janata party rule at the Centre.
'Assam Agitation' against illegal foreign national staying in Assam 12 Dec 5 Dec started to take roots under the leadership of the All Assam
Assam 1979 1980 Students’Union (AASU). The violence fuelled by United Liberation
Front of Asom (ULFA) resulted in break down of law and order.
Congress (I) government led by Anwara Taimur representing immigrant 30 Jun 13 Jan
Assam minorities collapsed following intensification of 'Assam Agitation' 1981 1982 against illegal foreign national staying in Assam.
19 Mar 27 Feb Congress (I) government led by Kesab Gogoi representing ethnic Asom
Assam 1982 1983 people collapsed following continued violence in Assam.
Govt. dismissed in spite of AGP CM Mr. Prafulla Mahanta enjoying majority support in Assembly. The dismissal was triggered apparently by 28 Nov 30 Jun
Assam the threat to internal security due to banned organisation ULFA's 1990 1991 activities. During President's rule, Operation Bajrang was launched to flush out ULFA militants.
29 Jun 26 Feb
Bihar Loss of Majority following defections in a fluid political environment. 1968 1969
4 Jul 16 Feb Loss of Majority following defections in a fluid political environment
Bihar 1969 1970 due to split in ruling Congress party
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Date Indian Stat Date To Reasons & Comments From
9 Jan 19 Mar
Bihar Loss of Majority following defections in a fluid political environment. 1972 1972
30 Apr 24 Jun Government dismissed in spite of Dr. Jagannath Mishra enjoying
Bihar 1977 1977 majority support in Assembly
17 Feb 8 Jun Government dismissed in spite of Mr. Ram Sundar Das enjoying majority
Bihar 1980 1980 support in Assembly
President’s rule imposed for a brief period of one week to facilitate 28 Mar 5 Apr passage of vote on account (to permit day to day government expenses in
Bihar 1995 1995 Bihar) by Parliament while awaiting the results of Assembly elections
held during the Chief Ministership of Mr Laloo Prasad.
Breakdown of law and order, killings of 11 Dalits at Narayanpur. The 12 Feb 9 Mar
Bihar Vajpayee Government, revoked President’s rule within 26 days since the 1999 1999 coalition did not have a majority in the Rajya Sabha.
7 Mar 24 Nov
Bihar Indecisive outcome of elections. 2005 2005
8 Dec
Delhi NA Indecisive outcome of elections. 2013
The Union Territory of Goa's Assembly was dissolved to conduct an 2 Dec 5 Apr
Goa opinion poll to determine whether Goa should be merged with 1966 1967 Maharashtra.
27 Apr 16 Jan
Goa Loss of majority following split in the ruling MGP Party 1979 1980
14 Dec 25 Jan C.M. resigned consequent upon his disqualification by High Court - No
Goa 1990 1991 other Government found viable
9 Feb 9 Jun
Goa Loss of majority and no alternate claimant to form next government 1999 1999
4 Mar 7 Jun Government dismissed after controversial confidence vote secured in the
Goa 2005 2005 Assembly by CM Pratap Sinh Rane
12 May 17 Mar Loss of Majority following vertical split in Congress during 1969
Gujarat 1971 1972 presidential election
9 Feb 18 Jun
Gujarat Chimanbhai Patel led Congress government resigned due to Navnirman 1974 1975 Movement Anti-Corruption protests. The protesters forced MLA's
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Date Indian Stat Date To Reasons & Comments From
resignations, forcing dissolution of assembly.
12 Mar 24 Dec
Gujarat "Non-Passage" of budget leading to collapse of government 1976 1976
17 Feb 8 Jun Government dismissed in spite of Babubhai J Patel enjoying majority
Gujarat 1980 1980 support in the Assembly
Government dismissed following a controversial confidence vote. The 19 Sep 23 Oct
Gujarat Assembly was placed in suspended animation, which led to subsequent 1996 1996 installation of Vaghela government, supported by Congress
2 Nov 22 May
Haryana Government dismissed in spite of having a tenuous majority. 1967 1968
30 Apr 21 Jun Government dismissed in spite of B D Gupta enjoying majority support
Haryana 1977 1977 in Assembly
6 Apr 23 Jul
Haryana Rebellion in the ruling party 1991 1991
30 Apr 22 Jun Government dismissed in spite of Thakur Ram Lal enjoying majority
Himachal Pradesh 1977 1977 support in Assembly
15 Dec 3 Dec Government dismissed in the aftermath of the destruction of Babri
Himachal Pradesh 1992 1993 Masjid-Ram Janmasthan in Uttar Pradesh.
Sheikh Abdullah led National Conference government bowed out after 26 Mar 9 Jul
Jammu and Kashmir being reduced to a minority following withdrawal of support by the 1977 1977 Congress Party
6 Mar 7 Nov
Jammu and Kashmir Loss of majority 1986 1986
19 Jan 9 Oct
Jammu and Kashmir Insurgency and break down of law and order. 1990 1996
18 Oct 2 Nov
Jammu and Kashmir Indecisive outcome of elections. 2002 2002
Loss of majority following collapse of coalition. CM Gulam Nabi Azad's 11 Jul 5 Jan
Jammu and Kashmir decision to transfer land for Amarnath pilgrimage led to PDP pulling out 2008 2009 of coalation Govt.
Jharkhand Loss of Majority 19 Jan 29 Dec
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Date Indian Stat Date To Reasons & Comments From
2009 2009
1 Jun 11 Sep
Jharkhand Loss of Majority 2010 2010
Loss of Majority. BJP's ruling coalition partner JMM withdrew its 18 Jan 12 July
Jharkhand support to the government pushing it into a minority. Chief Minister 2013 2013 Arjun Munda resigned and sought dissolution of the state Assembly.[1]
19 Mar 20 Mar
Karnataka Loss of Majority 1971 1972
31 Dec 28 Feb Government dismissed in spite of Congress CM Devraj Urs enjoying
Karnataka 1977 1978 majority support in Assembly
Loss of majority of CM S. R. Bommai, followed by dissolution of Assembly. On an appeal by Mr. S. R. Bommai, in a landmark judgement 21 Apr 30 Nov delivered in 1994, the Indian Supreme Court laid out the procedure to be
Karnataka 1989 1989 followed before dissolving an elected assembly. The historic ruling in this case reduced the scope for misuse of Article 356 by future central governments and governors.
Government of Veerendra Patil dismissed by Prime Minister Rajiv 10 Oct 17 Oct
Karnataka Gandhi and state was placed under President's rule with the assembly 1990 1990 placed in suspended animation until next chief Minister was elected
9 Oct 11 Nov
Karnataka Loss of majority 2007 2007
20 Nov 27 May
Karnataka Loss of majority 2007 2008
Kerala (Travancore- 23 Mar 5 Apr Loss of majority following split in Congress Party Cochin) 1956 1957
31 Jul 22 Feb Government dismissed in spite of Communist CM EMS Namboodiripad
Kerala 1959 1960 enjoying majority support in Assembly
10 Sep 6 Mar
Kerala Loss of majority followed by indecisive outcome of elections 1964 1967
1 Aug 4 Oct
Kerala Loss of majority 1970 1970
Kerala Loss of majority 1 Dec 25 Jan
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Date Indian Stat Date To Reasons & Comments From
1979 1980
29 Apr 25 Jun Government dismissed in spite of Shyama Charan Shukla enjoying
Madhya Pradesh 1977 1977 majority support in Assembly
18 Feb 8 Jun Govt. dismissed in spite of Mr. Sundar Lal Patwa enjoying majority
Madhya Pradesh 1980 1980 support in Assembly
15 Dec 7 Dec Govt. dismissed in the aftermath of Babri Masjid-Ram Janmasthan
Madhya Pradesh 1992 1993 destruction in Uttar Pradesh.
17 Feb 8 Jun Govt. dismissed in spite of Mr. Sharad Pawar enjoying majority support
Maharashtra 1980 1980 in the Assembly
12 Jan 19 Mar
Manipur First Elections to Manipur Union Territory Assembly held. 1967 1967
Short lived ministry collapsed following resignation of speaker, resulting 25 Oct 18 Feb
Manipur in neither ruling nor opposition congress having a clear majority in the 1967 1968 assembly. Assembly kept in suspended animation.
17 Oct 22 Mar Violent secessionist insurgency and statehood demands resulted in
Manipur 1969 1972 breakdown of law and order
28 Mar 3 Mar President's rule was imposed even though the opposition had a "tenuous"
Manipur 1973 1974 majority and could have formed a government
16 May 28 Jun
Manipur Collapse of Government following defections 1977 1977
14 Nov 13 Jan Discontent within Janata Party Government and corruption charges led to
Manipur 1979 1980 dismissal of government and dissolution of Assembly.
Incumbent Government fell following defections. Governor did not 28 Feb 18 Jun permit an alternate government to be formed by People's Democratic
Manipur 1981 1981 Front on the basis of his assessment regarding stability of the proposed
ministry.
7 Jan 7 Apr Incumbent coalition Government fell following defections. President's
Manipur 1992 1992 rule imposed keeping assembly in suspension.
31 Dec 13 Dec
Manipur 1000 persons died in Naga-Kuki clashes and continued violence 1993 1994
Manipur Loss of majority 2 Jun 6 Mar
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Date Indian Stat Date To Reasons & Comments From
2001 2002
The Centre imposed President's Rule in Meghalaya in the wake of a political crisis after the then Speaker PR Kyndiah suspended five MLAs, 11 Oct 5 Feb
Meghalaya mostly independents, on grounds of defection. See more at: 1991 1992 http://www.merinews.com/article/meghalaya-clamped-under-presidents- rule/15752671.shtml#sthash.lD2Rcimi.dpuf
18 Mar 12 May Government dismissed after controversial confidence vote secured in the
Meghalaya 2009 2009 Assembly by CM Donkupar Roy
Mizo Union Ministry led by Chief Minister Chhunga resigned in May 11 May 1 Jun 1977, ostensibly to facilitate the progress of peace talks. see Lost
Mizoram 1977 1978 Opportunities: 50 Years of Insurgency in the North-east and India's
Response, By S. P. Sinha, Page 95
Chief Minister Sailo's refusal to grant undue favours caused dissension in 10 Nov 8 May his party which led to the fall of his government and imposition of
Mizoram 1978 1979 President's rule. see Lost Opportunities: 50 Years of Insurgency in the North-east and India's Response, By S. P. Sinha, Page 96-97
7 Sep 24 Jan
Mizoram Defections reduced the Government to minority 1988 1989
20 Mar 25 Nov
Nagaland Defections and counter defections led to imposition of President's rule 1975 1977
The state was under a brief spell of central rule again after the Hokishe 7 Aug 25 Jan
Nagaland Sema-led Congress government was reduced to a minority. The decision 1988 1989 was challenged in the Supreme Court in held to be invalid in 1994.
2 Apr 22 Feb
Nagaland Fluid party position and deteriorating law and order situation 1992 1993
3 Jan 12 Mar Government dismissed after controversial confidence vote secured in the
Nagaland 2008 2008 Assembly by CM Neiphiu Rio
Dr. Harekrushna Mahtab led Congress-Gantantra Parishad Minority 25 Feb 23 Jun
Odisha Government resigned on the 21st February, 1961 due to differences in the 1961 1961 Congress Party. President’s Rule was imposed on 25 February 1961.
11 Jan 3 Apr
Odisha Break-up of coalition 1971 1971
Odisha 3 Mar 6 Mar Facing imminent collapse of government, incumbent chief minister
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Date Indian Stat Date To Reasons & Comments From
1973 1974 recommended dissolution of assembly and fresh elections.
Chief Minister Nandini Sathpathy was forced out and assembly placed 16 Dec 29 Dec
Odisha under suspended animation. A new Congress government was sworn in 1976 1976 after revocation of President's Rule.
30 Apr 26 Jun Government dismissed in spite of Binayak Acharya enjoying majority
Odisha 1977 1977 support in Assembly
17 Feb 9 Jun Government dismissed in spite of Nilamani Routray enjoying majority
Odisha 1980 1980 support in Assembly
President's rule was invoked in the erstwhile PEPSU (Patiala and East 5 Mar 8 Mar PEPSU Punjab States Union ) State when the Akali Dal government, led by Gian 1953 1954 Singh Rarewala, was dismissed
Assembly was dissolved and President's rule imposed as opposition 18 Sep 17 Mar
Puducherry parties had a chance to form a government after the fall of the Congress 1968 1969 government.
3 Jan 6 Mar Assembly dissolved after fall of DMK government following decision of
Puducherry 1974 1974 two ministers to join newly formed ADMK.
28 Mar 2 Jul Fall of coalition government of ADMK, Congress(O)following division
Puducherry 1974 1977 of votes by Congress(R) and DMK. The Assembly was dissolved.
12 Nov 16 Jan
Puducherry 1978 1980
Government dismissed following withdrawal of Congress(I) from 24 Jun 16 Mar coalition government. In spite of incumbent chief minister asking for an
Puducherry 1983 1985 opportunity to prove his majority on the floor of the house, the assembly
was dissolved.
4 Mar 3 Jul DMK Government dismissed in spite of having a majority in the
Puducherry 1991 1991 Assembly
20 Jun 17 Apr Pandit Nehru kept the Punjab Assembly in suspension for nine months
Punjab 1951 1952 and 28 days to help the state Congress government get its act together.
5 Jul 1 Nov State administration was taken over, ostensibly to facilitate bifurcation of
Punjab 1966 1966 Punjab state into two, Punjab and Haryana
23 Aug 17 Feb
Punjab Break-up of coalition 1968 1969
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Date Indian Stat Date To Reasons & Comments From
Following poor performance in March, 1971 Lok Sabha Elections, 14 Jun 17 Mar
Punjab incumbent Chief Minister advised dissolving state assembly and holding 1971 1972 fresh elections to state legislature.
30 Apr 20 Jun Government dismissed in spite of Giani Zail Singh enjoying majority
Punjab 1977 1977 support in Assembly
17 Feb 6 Jun Government dismissed in spite of Parkash Singh Badal enjoying majority
Punjab 1980 1980 support in Assembly
10 Oct 29 Sep
Punjab Insurgency and breakdown of law and order 1983 1985
11 Jun 25 Feb
Punjab Insurgency and breakdown of law and order 1987 1992
13 Mar 26 Apr
Rajasthan Indecisive outcome of elections 1967 1967
29 Apr 22 Jun Government dismissed in spite of Hari Dev Joshi enjoying majority
Rajasthan 1977 1977 support in Assembly
16 Feb 6 Jun Government dismissed in spite of Bhairon Singh Shekhawat enjoying
Rajasthan 1980 1980 majority support in Assembly
15 Dec 4 Dec Government dismissed in spite of Bhairon Singh Shekhawat enjoying
Rajasthan 1992 1993 majority support in Assembly
Loss of majority following split in Mr. Kazi Lhendup Dorji led Janata 18 Aug 18 Oct
Sikkim Party government. The central government imposed president's rule and 1978 1979 followed up with electoral reforms before ordering fresh elections.
Congress Government formed following induced collapse of Mr. Nar 25 May 8 Mar
Sikkim Bahadur Bandari Sikkim Janata Parishad Government was dismissed as it 1984 1985 did not enjoy a majority in the Assembly.
31 Jan 30 Jun Government dismissed in spite of Karunanidhi enjoying majority support
Tamil Nadu 1976 1977 in Assembly
17 Feb 6 Jun Government dismissed in spite of M G Ramachandran enjoying majority
Tamil Nadu 1980 1980 support in Assembly
30 Jan 27 Jan Government dismissed after controversial confidence vote secured in the
Tamil Nadu 1988 1989 Assembly by CM Janaki Ramachandran
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Date Indian Stat Date To Reasons & Comments From
Government headed by Mr. M. Karunanidhi dismissed by Prime Minister 30 Jan 24 Jun Chandrashekhar on charges of supporting anti-national activities, in spite
Tamil Nadu 1991 1991 of the then Governor Barnala's report and enjoying majority support in
the Assembly.
In the backdrop of refugee influx due to Bangladesh Liberation War, split 1 Nov 20 Mar in the Congress and Communist agitation for Tripura to become a full
Tripura 1971 1972 fledged state, President's rule was imposed. On 1 January 1972 Tripura
became a State and assembly elections held subsequently.
5 Nov 5 Jan
Tripura 1977 1978
11 Mar 10 Apr Elections postponed from 15 Feb 1993 to 3 Apr 1993 on account of
Tripura 1993 1993 deteriorating law and order situation. Caretaker CM resigns.
25 Feb 26 Feb Loss of majority following withdrawal of support by Corgress (R) led by
Uttar Pradesh 1968 1969 Ms. Indira Gandhi.
1 Oct 18 Oct Charan Singh Ministry supported by Congress collapsed following split
Uttar Pradesh 1970 1970 in Congress party.
12 Jun 8 Nov Chief Minister resigned as a result of the 1973 Provincial Armed
Uttar Pradesh 1973 1973 Constabulary revolt.
30 Nov 21 Jan Congress Government of H N Bahuguna tendered resignation due to
Uttar Pradesh 1975 1976 infighting within the party.
30 Apr 23 Jun Government dismissed in spite of N D Tiwari enjoying majority support
Uttar Pradesh 1977 1977 in Assembly
17 Feb 9 Jun Government dismissed in spite of Banarasi Das enjoying majority
Uttar Pradesh 1980 1980 support in Assembly
6 Dec 4 Dec Government dismissed in the aftermath of the destruction of Babri
Uttar Pradesh 1992 1993 Masjid-Ram Janmasthan
18 Oct 21 Mar
Uttar Pradesh Loss of Majority following collapse of coaltion 1995 1997
8 Mar 2 May
Uttar Pradesh Indecisive outcome of elections. 2002 2002
8 Apr 13 Mar
Vindhya Pradesh President's rule was imposed in the erstwhile Vindya Pradesh State when 1949 1952 Chief Minister resigned. President's Rule was revoked following
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Date Indian Stat Date To Reasons & Comments From
independent India's first general elections.
1 Jul 8 Jul Interim Period between death of incumbent Chief Minister and election
West Bengal 1962 1962 of new leader.
20 Feb 25 Feb State placed under President's rule following collapse of two successive
West Bengal 1968 1969 short lived coalition governments.
19 Mar 2 Apr Collapse of United Front Coalition between Bangla Congress and
West Bengal 1970 1971 CPI(M)
Collapse of United Front Coalition between Bangla Congress and 28 Jun 19 Mar CPI(M) West Bengal 1971 1972
AMENDMENT OF THE CONSTITUTION OF INDIA
Amendment of the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.However, there is another limitation imposed on the amending power of the constitution of India.There has been a conflict between the Supreme Court and Parliament, where Parliament wants to exercise discretionary use of power to amend the constitution while the Supreme Court wants to restrict that power. This has led to the laying down of various doctrines or rules in regards to checking the validity/legality of an amendment, the most famous among them is the Basic structure doctrine as laid down by the Supreme Court in the case of Kesavananda Bharati v. State of Kerala.
THE CONSTITUTION (AMENDMENT) ACTS
INCLUDING STATEMENT OF OBJECTS & REASONS (SOR)
As of May 2013, there have been 98 amendments to the Constitution of India since it was first enacted in 1950.[1][2]
No. Amendments Enforced since Objectives
1 Amend articles 15, 19, 85, 87, 174, 176, 18 June 1951 To fully secure the constitutional validity of 341, 342, 372 and 376. zamindari abolition laws and to place Insert articles 31A and 31B. reasonable restriction on freedom of speech. Insert schedule 9.[3] A new constitutional device, called Schedule 9 introduced to protect laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and
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equality before law
[4] 2 Amend article 81(1)(b). 1 May 1953 Removed the upper population limit for a parliamentary constituency by amending Article 81(1)(b).
[5] 3 Amend schedule 7. 22 February Re-enacted entry 33 of the Concurrent List in 1955 the Seventh Schedule with relation to include trade and commerce in, and the production, supply and distribution of 4 classes of essential commodities, viz., foodstuffs, including edible oil seeds and oils; cattle fodder, including oilcakes and other concentrates; raw cotton whether ginned or unginned, and cotton seeds; and raw jute.
4 Amend articles 31, 35 band 305. 27 April 1955 Restrictions on property rights and inclusion Amend schedule 9.[6] of related bills in Schedule 9 of the constitution
[7] 5 Amend article 3. 24 December Empowered the President to prescribe a time 1955 limit for a State Legislature to convey its views on proposed Central laws relating to the formation of new States and alteration of areas, boundaries or names of existing States. Also permitted the President to extend the prescribed limit, and prohibited any such bill from being introduced in Parliament until after the expiry of the prescribed or extended period.
6 Amend articles 269 and 286. 11 September Amend the Union and State Lists with Amend schedule 7.[8] 1956 respect to raising of taxes
7 Amend articles 1, 49, 80, 81, 82, 131, 1 November Reorganization of states on linguistic lines, 153, 158, 168, 170, 171, 216, 217, 220, 1956 abolition of Class A, B, C, D states and 222, 224, 230, 231 and 232. introduction of Union Territories Insert articles 258A, 290A, 298, 350A, 350B, 371, 372A and 378A. Amend part 8. Amend schedules 1, 2, 4 and 7.[9]
[10] 8 Amend article 334. 5 January 1960 Extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and Anglo-Indians in the Lok Sabha and the State Legislative Assemblies till 1970
9 Amend schedule 1.[11] 28 December Minor adjustments to territory of Indian 1960 Union consequent to agreement with Pakistan for settlement of disputes by demarcation of
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border villages, etc.
10 Amend article 240. 11 August 1961 Incorporation of Dadra, Nagar and Haveli as Amend schedule 1.[12] a Union Territory, consequent to acquisition from Portugal
[13] 11 Amend articles 66 and 71. 19 December Election of Vice President by Electoral 1961 College consisting of members of both Houses of Parliament, instead of election by a Joint Sitting of Parliament. Indemnify the President and Vice President Election procedure from challenge on grounds of existence of any vacancies in the electoral college
12 Amend article 240. 20 December Incorporation of Goa, Daman and Diu as a Amend schedule 1.[14] 1961 Union Territory, consequent to acquisition from Portugal
13 Amend article 170. 1 December Formation of State of Nagaland, with special Insert new article 371A. [15] 1963 protection under Article 371A
14 Amend articles 81 and 240. 28 December Incorporation of Pondicherry into the Union Insert article 239A. 1962 of India and creation of Legislative Amend schedules 1 and 4.[16] Assemblies for Himachal Pradesh, Tripura, Manipur and Goa
15 Amend articles 124, 128, 217, 222, 224, 5 October 1963 Raise retirement age of judges from 60 to 62 226, 297, 311 and 316. and other minor amendments for Insert article 224A. rationalizing interpretation of rules regarding Amend schedule 7.[17] judges etc.
16 Amend articles 19, 84 and 173. 5 October 1963 Make it obligatory for seekers of public Amend schedule 3.[18] office to swear their allegiance to the Indian Republic and prescribe the various obligtory templates
17 Amend article 31A. 20 June 1964 To secure the constitutional validity of Amend schedule 9.[19] acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution
[20] 18 Amend article 3. 27 August 1966 Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories
[21] 19 Amend article 324. 11 December Abolish Election Tribunals and enable trial of 1966 election petitions by regular High Courts
[22] 20 Insert article 233A. 22 December Indemnify & validate judgments, decrees, orders and sentences passed by judges and to
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1966 validate the appointment, posting, promotion and transfer of judges barring a few who were not eligible for appointment under article 233. Amendment needed to overcome the effect of judgement invalidating appointments of certain judges in the state of Uttar Pradesh
[23] 21 Amend schedule 8. 10 April 1967 Include Sindhi as an Official Language
22 Amend article 275. 25 September Provision to form Autonomous states within Insert articles 244A and 371B.[24] 1969 the State of Assam
23 Amend articles 330, 332, 333 and 23 January 1970 Discontinued reservation of seats for the 334.[25] Scheduled Tribes in Nagaland, both in the Lok Sabha and the State Legislative Assembly and stipulated that not more than one Anglo-Indian could be nominated by the Governor to any State Legislative Assembly. Extend reservation for SC/ST and Anglo Indian members in the Lok Sabha and State Assemblies for another ten years, i.e. up to 1980.
[26] 24 Amend articles 13 and 368. 5 November Enable parliament to dilute fundamental 1971 rights through amendments to the constitution
25 Amend article 31. 20 April 1972 Restrict property rights and compensation in Insert article 31C.[27] case the state takes over private property
26 Amend article 366. 28 December Abolition of privy purse paid to former rulers Insert article 363A. 1971 of princely states which were incorporated Remove articles 291 and 362.[28] into the Indian Republic
27 Amend articles 239A and 240. 15 February Reorganization of Mizoram into a Union Insert articles 239B and 371C.[29] 1972 Territory with a legislature and council of ministers
28 Insert article 312A. 29 August 1972 Rationalize Civil Service rules to make it Remove article 314.[30] uniform across those appointed prior to Independence and post independence
29 Amend schedule 9.[31] 9 June 1972 Place land reform acts and amendments to these act under Schedule 9 of the constitution
30 Amend article 133.[32] 27 February Change the basis for appeals in Supreme 1973 Court of India in case of Civil Suits from value criteria to one involving substantial question of law
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31 Amend articles 81, 330 and 332.[33] 17 October 1973 Increase size of Parliament from 525 to 545 seats. Increased seats going to the new states formed in North East India and minor adjustment consequent to 1971 Delimitation exercise
32 Amend article 371. 1 July 1974 Protection of regional rights in Telengana Insert articles 371D and 371E. and Andhra regions of State of Andhra Amend schedule 7.[34] Pradesh
33 Amend articles 101 and 190.[35] 19 May 1974 Prescribes procedure for resignation by members of parliament and state legislatures and the procedure for verification and acceptance of resignation by house speaker
34 Amend schedule 9.[36] 7 September Place land reform acts and amendments to 1974 these act under Schedule 9 of the constitution
35 Amend articles 80 and 81. 1 March 1975 Terms and Conditions for the Incorporation Insert article 2A. of Sikkim into the Union of India Insert schedule 10.[37]
36 Amend articles 80 and 81. 26 April 1975 Formation of Sikkim as a State within the Insert article 371F. Indian Union Remove article 2A. Amend schedules 1 and 4. Remove schedule 10.[38]
37 Amend articles 239A and 240.[39] 3 May 1975 Formation of Arunachal Pradesh legislative assembly
38 Amend articles 123, 213, 239B, 352, 1 August 1975 Enhances the powers of President and 356, 359 and 360.[40] Governors to pass ordinances
39 Amend articles 71 and 329. 10 August 1975 Amendment designed to negate the Insert article 329A. judgement of Allahabad High Court Amend schedule 9.[41] invalidating Prime Minister Indira Gandhi's election to parliament. Amendment placed restrictions on judicial scrutiny of post of Prime Minister
40 Amend article 297. 27 May 1976 Enable Parliament to make laws with respect Amend schedule 9.[42] to Exclusive Economic Zone and vest the mineral wealth with Union of India
Place land reform & other acts and amendments to these act under Schedule 9 of the constitution [43] 41 Amend article 316. 7 September Raise Retirement Age Limit of Chairmen and 1976 Members of Union and State Public
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Commissions from sixty to sixty two.
42 Amend articles 31, 31C, 39, 55, 74, 77, 1 April 1977 Amendment passed during internal 81, 82, 83, 100, 102, 103, 105, 118, emergency by Indira Gandhi. Provides for 145, 150, 166, 170, 172, 189, 191, 192, curtailment of fundamental rights, imposes 194, 208, 217, 225, 226, 227, 228, 311, fundamental duties and changes to the basic 312, 330, 352, 353, 356, 357, 358, 359, structure of the constitution by making India 366, 368 and 371F. a "Socialist Secular" Republic Insert articles 31D, 32A, 39A, 43A, 48A, 131A, 139A, 144A, 226A, 228A and 257A. Insert parts 4A and 14A. Amend schedule 7.[44]
Amend articles 145, 226, 228 and Amendment passed after revocation of internal 366. 13 April emergency in the Country. Repeals some of the more
43 Remove articles 31D, 32A, 131A, 1978 'Anti-Freedom' amendments enacted through 144A, 226A and 228A.[45] Amendment Bill 42 Amend articles 19, 22, 30, 31A, 31C, 38, 71, 74, 77, 83, 103, 105, 123, 132, 133, 134, 139A, 150, 166, 172, Amendment passed after revocation of internal 192, 194, 213, 217, 225, 226, 227, 6 emergency in the Country. Provides for human rights 239B, 329, 352, 356, 358, 359, 360
44 September safeguards and mechanisms to prevent abuse of and 371F. 1979 executive and legislative authority. Annuls some Insert articles 134A and 361A. Amendments enacted in Amendment Bill 42 Remove articles 31, 257A and 329A. Amend part 12. Amend schedule 9.[46] Extend reservation for SC / ST and nomination of [47] 25 January 45 Amend article 334. Anglo Indian members in Parliament and State 1980 Assemblies for another ten years i.e. up to 1990 Amend articles 269, 286 and 366. 2 February Amendment to negate judicial pronouncements on
46 Amend schedule 7.[48] 1983 scope and applicability on Sales Tax
[49] 26 August Place land reform acts and amendments to these act 47 Amend schedule 9. 1984 under Schedule 9 of the constitution
[50] 1 April Article 356 amended to permit President's rule up to 48 Amend article 356. 1985 two years in the state of Punjab 11 Recognize Tripura as a Tribal State and enable the Amend article 244.
49 September creation of a Tripura Tribal Areas Autonomous Amend schedules 5 and 6.[51] 1984 District Council Technical Amendment to curtailment of Fundamental 11 Rights as per Part III as prescribed in Article 33 to 50 Amend article 33.[52] September cover Security Personnel protecting property and 1984 communication infrastructure Provide reservation to Scheduled Tribes in Nagaland, 16 June 51 Amend articles 330 and 332.[53] Meghalaya, Mizoram and Arunachal Pradesh 1986 Legislative Assemblies Amend articles 101, 102, 190 and Anti Defection Law - Provide disqualification of 1 March 52 191. members from parliament and assembly in case of 1985 Insert schedule 10.[54] defection from one party to other 53 Insert article 371G.[55] 20 Special provision with respect to the State of
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February Mizoram. 1987 Increase the salary of Chief Justice of India & other Amend articles 125 and 221. 1 April 54 Judges and to provide for determining future increases Amend schedule 2.[56] 1986 without the need for constitutional amendment 20 Special powers to Governor consequent to formation 55 Insert article 371H.[57] February of state of Arunachal Pradesh 1987 30 May Transition provision to enable formation of state of 56 Insert article 371I.[58] 1987 Goa 21 Provide reservation to Scheduled Tribes in Nagaland, 57 Amend article 332.[59] September Meghalaya, Mizoram and Arunachal Pradesh 1987 Legislative Assemblies 9 Provision to publish authentic Hindi translation of Insert article 394A. 58 December constitution as on date and provision to publish Amend part 22.[60] 1987 authentic Hindi translation of future amendments Article 356 amended to permit President's rule up to three years in the state of Punjab, Articles 352 and Amend article 356. 30 March 59 Article 359A amended to permit imposing emergency Insert article 359A.[61] 1988 in state of Punjab or in specific districts of the state of Punjab 20 Profession Tax increased from a minimum of Rs. 60 Amend article 276.[62] December 250/- to a maximum of Rs. 2500/- 1988
[63] 28 March 61 Amend article 326. Reduce age for voting rights from 21 to 18 1989 20 Extend reservation for SC / ST and nomination of [64] 62 Amend article 334. December Anglo Indian members in Parliament and State 1989 Assemblies for another ten years i.e. up to 2000 Emergency powers applicable to State of Punjab, Amend article 356. 6 January 63 accorded in Article 359A as per amendment 59 Remove article 359A.[65] 1990 repealed 16 April Article 356 amended to permit President's rule up to 64 Amend article 356.[66] 1990 three years and six months in the state of Punjab National Commission for Scheduled Castes and 12 March 65 Amend article 338.[67] Scheduled Tribes formed and its stututory powers 1990 specifed in The Constitution. 7 June Place land reform acts and amendments to these act 66 Amend schedule 9.[68] 1990 under Schedule 9 of the constitution 4 October Article 356 amended to permit President's rule up to 67 Amend article 356.[69] 1990 four years in the state of Punjab 12 March Article 356 amended to permit President's rule up to 68 Amend article 356.[70] 1991 five years in the state of Punjab To provide for a legislative assembly and council of 1 February 69 Insert articles 239AA and 239AB.[71] ministers for Federal National Capital of Delhi. Delhi 1992 continues to be a Union Territory 21 Include National Capital of Delhi and Union Territory 70 Amend articles 54 and 239AA.[72] December of Pondicherry in electoral college for Presidential 1991 Election
[73] 31 August Include Konkani, Manipuri and Nepali as Official 71 Amend schedule 8. 1992 Languages
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5 Provide reservation to Scheduled Tribes in Tripura 72 Amend article 332.[74] December State Legislative Assembly 1992 24 April Statutory provisions for Panchyat Raj as third level of 73 Insert part 9.[75] 1993 administration in villages Statutory provisions for Local Administrative bodies 1 June 74 Insert part 9A.[76] as third level of administration in urban areas such as 1993 towns and cities 15 May 75 Amend article 323B.[77] Provisions for setting up Rent Control Tribunals 1994 Enable continuance of 69% reservation in Tamil Nadu 31 August 76 Amend schedule 9.[78] by including the relevant Tamil Nadu Act under 9th 1994 Schedule of the constitution 17 June A technical amendment to protect reservation to 77 Amend article 16.[79] 1995 SC/ST Employees in promotions 30 August Place land reform acts and amendments to these act 78 Amend schedule 9.[80] 1995 under Schedule 9 of the constitution Extend reservation for SC / ST and nomination of [81] 25 January 79 Amend article 334. Anglo Indian members in Parliament and State 2000 Assemblies for another ten years i.e. up to 2010 Implement Tenth Finance Commission Amend articles 269 and 270. 9 June recommendation to simplify the tax structures by 80 Remove article 272.[82] 2000 pooling and sharing all taxes between states and The Centre 9 June Protect SC / ST reservation in filling backlog of 81 Amend article 16.[83] 2000 vacancies 8 Permit relaxation of qualifying marks and other 82 Amend article 335.[84] September criteria in reservation in promotion for SC / ST 2000 candidates 8 Exempt Arunachal Pradesh from reservation for 83 Amend article 243M.[85] September Scheduled Castes in Panchayati Raj institutions 2000 21 Extend the usage of 1991 national census population Amend articles 55, 81, 82, 170, 330 84 February figures for statewise distribution of parliamentary and 332.[86] 2002 seats 4 January A technical amendment to protect seniority in case of 85 Amend article 16.[87] 2002 promotions of SC/ST Employees 12 Amend articles 45 and 51A. Provides Right to Education until the age of fourteen 86 December Insert article 21A.[88] and Early childhood care until the age of six 2002 Extend the usage of 2001 national census population Amend articles 81, 82, 170 and 22 June 87 figures for statewise distribution of parliamentary 330.[89] 2003 seats Amend article 270. 15 January To extend statutory cover for levy and utilization of 88 Insert article 268A. 2004 Service Tax Amend schedule 7.[90] The National Commission for Scheduled Castes and 28 Amend article 338. Scheduled Tribes was bifurcated into The National 89 September Insert article 338A.[91] Commission for Scheduled Castes and The National 2003 Commission for Scheduled Tribes 90 Amend article 332.[92] 28 Reservation in Assam Assembly relating to Bodoland
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September Territory Area 2003 Amend articles 75 and 164. Restrict the size of council of ministers to 15% of 1 January 91 Insert article 361B. legislative members & to strengthen Anti Defection 2004 Amend schedule 10.[93] laws
[94] 7 January Include Bodo, Dogri, Santali and Maithali as official 92 Amend schedule 8. 2004 languages To enable provision of reservation for other backward 20 January 93 Amend article 15.[95] classes (O.B.C.) in government as well as private 2006 educational institutions 12 June To provide for a Minister of Tribal Welfare in newly 94 Amend article 164.[96] 2006 created Jharkand and Chattisgarh States To extend the reservation of seats for SCs and STs in [97] 25 January 95 Amend article 334. the Lok Sabha and states assemblies from Sixty years 2010 to Seventy years 23 96 Amend schedule 8.[98] September Substituted "Odia" for "Oriya" 2011 Added the words "or co-operative societies" after the word "or unions" in Article 19(l)(c) and insertion of article 43B i.e., Promotion of Co-operative Societies and added Part-IXB i.e., The Co-operative Societies.
Amend Art 19 and added Part 12 January 97 The amendment objective is to encourage economic IXB.[99] 2012 activities of cooperatives which in turn help progress of rural India. It is expected to not only ensure autonomous and democratic functioning of cooperatives, but also the accountability of the management to the members and other stakeholders.[100] To insert Article 371J in the 2 January To empower the Governor of Karnataka to take steps 98 Constitution[2] 2013 to develop the Hyderabad-Karnataka Region.[2]
WORKING OF PARLIAMENTARY SYSTEM IN INDIA
1 Introduction: That representative democracy and parliamentary institutions have endured in India for five decades is a great tribute to their strength and resilience. There has, however been in recent years quite some thinking and debate about decline of Parliament, devaluation of parliamentary authority, falling standards of debate, deterioration in the conduct and quality of Members, poor levels of participation and the like. A certain cynicism towards parliamentary institutions and an erosion in the respect for normal parliamentary processes and the parliamentarians present a disturbing scenario. Very little effort, seems to have been made to examine and analyse what really plagues Parliament or to find out the reasons for the erosion of the traditional authority, high esteem and pristine glory of the institution of Parliament.
1.1 During the last nearly 50 years, the structure and functions of Parliament had developed under the shadow of the Fabian slogans of democratic socialism, economic democracy and distributive justice. The information explosion, the technological revolution, the growing magnitude and complexities of modern administration and the
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WWW.VIDYARTHIPLUS.COM concept of Welfare State cast upon Parliament vastly extended responsibilities of social engineering through legislation and of managing the lives of citizen from the bedrooms to the cremation or burial grounds. Inadequacy of time, information and expertise with Parliament resulted in poor quality legislation and unsatisfactory parliamentary surveillance over administration. As B.K. Nehru once said, during the entire period of nearly 200 years of their rule in India, the British passed only some 400 laws while in the first 40 years, Parliament had passed nearly 4000. The big difference was that the 400 laws were obeyed or had to be obeyed while the 4000 pieces of legislation were not obeyed. Those to whom many of these laws relate did not even know or understand them.
1.2 Little effort has been made to develop the essential prerequisites for the success of parliamentary polity - discipline, character, high sense of public morality, ideologically oriented two party system and willingness to here and accommodate minority views.
1.3 In a situation where the government lacked comfortable majority of its own and the opposition was too weak to emerge as an alternative, the options were very limited and the Parliament was bound to remain less effective. This is what happened during the 1989-1999 decade. Members irrespective of their party affiliations had themselves become a new caste and parts of the establishment and co-sharers in the spoils. Politics and Membership of Parliament had emerged as a whole-time, highly lucrative, hereditary profession. Following the changed composition of the successive House, there was faster devaluation of all the old values and increase in disorders and pandemonia on the floor during the so-called "Zero Hour" and at other times. There was general apathy among Members, Ministers and public at large towards the work of Parliament. Absenteeism among Members had assumed alarming proportions and defections for money and office were a common phenomenon.
1.4 Several of the archaic practices and time-consuming procedures most unsuitable for present-day needs continued. Legitimacy of government and of representative institutions under the system were inextricably linked to free and fair elections and to the system being able to bring to power persons who truly represented the people's will and had the necessary abilities to govern. Recent efforts notwithstanding, due to the role of mafia gangs, muscle power and money power, free and fair elections continued to be difficult in some parts of the country thereby affecting the representative credentials of our elected representatives. Therefore, it would be necessary to reform the electoral system and the political party system before parliamentary reforms could be thought of.
2. Nodal Standing Committee on Economy : It may be advisable to have a nodal Standing Committee on national economy with specific subject-oriented study groups aided by experts and concerned with economic policy formulation and implementation. The study groups would make internal study reports to the main Committee based on operational research in performance evaluation against physical targets. The Committee would in its turn make annual reports to Parliament. These reports would prove valuable to various Ministries and Departments of the Government. Also, they would serve the purpose of constant vigilance and constructive appraisal directed to preventing erosion of credibility, plugging loopholes and strengthening the system as a whole. The Committee recommendations would help to evolve and adopt better means of monitoring, analysing and evaluating performance in implementing policies and prescribing correctives to ensure the best use of available resources. The reports would provide valuable feedback to Parliament and should be discussed by the two Houses each year.
3. Building a better image of Parliament : Parliament is the communication link between the people and the government. Bad public relations job has resulted in a poor image of Parliament and of its members. People talk of happenings in Parliament and of the Members of Parliament as things quite remote and different from themselves. There is little consciousness of Parliament being their own and Members being from among themselves. It is necessary to establish a new rapport between the people and the Parliament. The two must be brought closer to each other. Parliament belongs to the people and not the M.Ps. The latter themselves are responsible to Parliament and to the people outside. It is ordinary people who have to be enabled to feel that they are participants in the decision- making and legislative processes and that through Parliament their voice can reach the Government and that it
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WWW.VIDYARTHIPLUS.COM counts. Parliament must have access to public opinion and public must have access to Parliament. If corruption is suspected inside the portals of legislatures, the press and the public must be free to question it and expose it without being threatened under the law of parliamentary privileges. In its own long-term interest, Parliament as an institution cannot afford to place itself beyond all scrutiny by anyone. There is every need for a parliamentary Ombudsman. If stories that are current about payments demanded, offered or paid for favours like gas connections, telephone connections, questions etc. or of subletting of official residences, or of misuse of coupons and passes these need to be thoroughly investigated and, if untrue, publicly contradicted.
4. Panchayats and Parliament: The role of M.P. must undergo change as a result of Panchayati Raj. The functions of Parliament and role expectation from Parliament should be transformed. Meticulous caution has to be taken to avoid any role conflicts between the Panchayats and Members of Parliament. Ideally, Members of Parliament are Members for the whole of India and should concern themselves basically with the national issues leaving the local problems to the care of Panchayats and Nagar Palikas. Schemes like those placing two crores of rupees each year at the discretion of each Member of Parliament to be spent on local projects are bound to create role conflicts and tensions.
5. Improving the quality of Members: Quality of Members is the most important variable in the working of any Parliament inasmuch as a Parliament would be what its Members make of it. It is the primary duty of every Member irrespective of his party affiliations to maintain and project a good image of Parliament by his conduct both inside and outside the Houses of Parliament. Corporate image of Parliament is bound to remain poor unless the quality and conduct of individual Members improve and every Member is imbued with a sense of purpose and responsibility. Also, every backbencher should be enabled to feel relevant and that he matters in what goes on in Parliament. Members of important parliamentary committees need to lay down a strict code of conduct for themselves, never to ask the senior Government officers appearing before the Committee for personal favours, avoid Committee tours unless really necessary and never accept any gifts, dinners, free transport, five star hospitality and the like while on tours.
6. Reducing the expenditure: Financial cost of parliamentary democracy have been skyrocketing. During the last five decades they have gone up by over 100 times. Also, the figures of costs e.g. on Parliament seem fudged inasmuch as much of the expenditure gets reflected under other heads.
7. Improving information supply: Information is power. For any effective surveillance over administration, Parliament needs information. Members need information. They have to be fed with latest information and kept uptodate in regard to developments in all areas of parliamentary concern and more particularly in matters coming up before their House or Committees. Instead of depending almost entirely on published documents – which are almost always outdated and - other official sources, Parliament must build its own independent national information reservoir with a network of feeding and retrieval points. In this connection, computerization of storage and retrieval of information in Parliament was well conceived. But much depends on the data files that are built and what is actually fed into the computer or the internet. Unfortunately, it seems there has been no qualitative change in information gathering processes. Members need first hand information and fresh inputs on various subjects of interest to Parliament and particularly in regard to the activities of the Ministries and Departments of the Government so as to facilitate monitoring and evaluating progress, performance and efficiency and lead to better surveillance of administration as a whole. Even if no other parliamentary reform was brought about, the single step of developing an infrastructure of information support system in Parliament would have been profound effect on revitalizing and transforming the institution of Parliament.
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8. Planning Legislation and improving its Quality: Our legislation has often been criticized for hasty drafting and for its being rushed through Parliament in an ad hoc and haphazard manner. There is need for a dynamic – not mechanical – approach to legislative engineering and systematic programming of laws which may be proposed for enactment over a period of time. This can be done by:
9. Setting up a Constitution Committee: While executive power of the Union is co-extensive with its legislative power, the constituent power under the Constitution belongs exclusively to Parliament. The responsibility of Parliament, therefore, become much greater in the case of Constitution (Amendment) Bills. As such, instead of the Constitution Amendments being presented to Parliament like ordinary pieces of legislation in the form of Bills for introduction sometimes at very short notice, it would be desirable if Parliament is associated right from the initial stages of formulation of proposals for constitutional reform, i.e., the actual drafting of a Constitution Amendment Bill may be taken up only after the principles involved have been thrashed out in a parliamentary forum and subjected to appropriate a priori scrutiny by the constituent power. The proposed involvement of Parliament and a priori scrutiny can be achieved through the device of a Constitution Committee of Parliament which may be constituted by resolution or otherwise as a standing joint Committee of the two Houses. The members of the Committee may be elected by the respective Houses. Rather than delay, this might expedite the process of constitutional reforms besides bestowing greater authority, legitimacy and wider acceptability to the reform proposals. As an alternative, after a Constitution Amendment Bill has been formulated but before it has been introduced, it may be subjected to a priori scrutiny of the ‘Constitution Committee’. If this is done, even the Government would be saved many an embarrassment.
10. Departmental Committees and Improving Accountability: The setting up of the 17 subject based Standing Committees has been the most historic development in recent years in the area of parliamentary reforms. Seventeen, however, is perhaps too many. Three such Committees were set up in 1989 on an experimental basis. Subsequently, the Rules Committee recommended ten Committees to cover all the Ministries and Departments. But, perhaps hard bargaining and needs for compromise and accommodation of various interests and considerations raised the number to seventeen. Although it may not be easy to reduce the number now, it is strongly felt that 7 to 10 such Committees would be enough and in fact might prove more effective than the 17. Also, it is important from the angle of reducing the overall costs and need for economy.
11. Parliamentary Control Over Borrowing: While the budgetary demands for grants of various ministries may now be examined by the concerned standing committees, still there is no provision for a parliamentary scrutiny or control of public borrowing. Unlike U.K., in India, the Constitution and the laws place no limits on the borrowing powers of the Executive. Parliamentary approval for any amount of internal or external borrowings as such is not required except that it is a part of the budget. This is a significant lacuna and must be plugged. For, public borrowing is a charge on the future generations and must be duly controlled. Beyond certain prescribed limits, borrowing proposals should also be subjected to scrutiny by the proposed parliamentary committee on National Economy or the Standing Committee for the Ministry of Finance. 12. Discussing Committee Reports on the Floor of the House: Under the present practice regarding not discussing on the floor of the House reports of some of the important Committees like Financial Committees, some very useful recommendations remain unappreciated and infructuous. It is time for modifying the practice. It would be most desirable to discuss as a regular feature all important reports of Parliamentary Committees particularly in cases of disagreement between the Committee and the Government. 13. Codifying Parliamentary Privileges: In a democratic society, any privileges for a section or class of the people are anachronistic, any undefined privileges like the privileges of Parliament are even more so. It is, therefore of the utmost importance that the weapon of parliamentary privileges is used with great circumspection. As a great institution, Parliament should be able to take in its stride, a great deal of the criticism and adverse comments against it. Privileges of Parliament are intended to be privileges enjoyed by Parliament on behalf of the people, to enable members to function freely and fearlessly, in the interest of the people.
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14. Reforming the functions of Parliamentary Parties: It is the duty of Parties in Parliament to train and guide their members and to advise and inform them on political, economic, social and procedural problems coming up before Parliament from time to time. This should be done by the Party Secretariat providing party position papers, speech notes and write-ups and arranging issue discussion or briefing sessions and the like.
15. Other Procedural Reforms: Each House of Parliament is complete master of its procedure. The Rules of Procedure and Conduct of Business are intended to be merely for guidance, for regulating the business of the House and for facilitating the orderly expression of members’ views. Precedents and conventions may not be allowed to become shackles to imprison and destroy the institution. Procedures must keep pace with the changing needs of the national economy, composition of Membership and the prevailing mood of the Members. On the other hand, it has to be appreciated that the use of various procedural devices to engage the attention of the House calls for a certain restraint. Sometimes, completely unrestricted and unlimited right of discussion can itself become a weapon of tyranny.
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