Indian Government and Politics ii Indian Government and Politics Indian Government and Politics Bidyut Chakrabarty Rajendra Kumar Pandey Copyright © Bidyut Chakrabarty and Rajendra Kumar Pandey, 2008 All rights reserved. No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage or retrieval system, without permission in writing from the publisher. First published in 2008 by SAGE Publications India Pvt Ltd B 1/I-1 Mohan Cooperative Industrial Area Mathura Road, New Delhi 110 044, India www.sagepub.in SAGE Publications Inc 2455 Teller Road Thousand Oaks, California 91320, USA SAGE Publications Ltd 1 OliverÊs Yard, 55 City Road London EC1Y 1SP, United Kingdom SAGE Publications Asia-Pacific Pte Ltd 33 Pekin Street #02-01 Far East Square Singapore 048763 Published by Vivek Mehra for SAGE Publications India Pvt Ltd, typeset in 10/12 pt Palatino by Star Compugraphics Private Limited, Delhi and printed at Chaman Enterprises, New Delhi. Library of Congress Cataloging-in-Publication Data Chakrabarty, Bidyut, 1958ă Indian government and politics/Bidyut Chakrabarty, Rajendra Kumar Pandey. p. cm. Includes bibliographical references and index. 1. India·Politics and governement. 2. Constitutional history·India. 3. Public administration·India. I. Pandey, Rajedra Kumar. II. Title JQ231.C42 320.454·dc22 2008 2008031601 ISBN: 978-81-7829-881-8 (PB) The SAGE Team: Anjana Saproo, Anupam Choudhury, Sanjeev Kumar Sharma, and Trinankur Banerjee Dedicated To our grandparents for the values they inculcated in us. vi Indian Government and Politics Contents Preface xi Introduction xiii Chapter 1: Salient Features of the Indian Constitution 1 Founding Fetters of the Constitution 2 The Preamble 6 Fundamental Rights 11 Fundamental Duties 14 Directive Principles of State Policy 14 Federalism 18 Parliamentary System 22 Amending Procedures 26 Concluding Observations 30 Chapter 2: Federalism 35 Demystifying Indian Polity 36 Federalism in India 39 The Federal Arrangement: Its Evolution 41 Concluding Observations 50 Chapter 3: The Executive System in Theory and Practice 54 Adopting the Executive System 55 The President 57 The Prime Minister 62 The Council of Ministers 66 Bureaucracy 71 Concluding Observations 76 vii viii Indian Government and Politics Chapter 4: Parliament 82 A Thoughtful Choice 82 Limitations/Features of Indian Parliament 85 Composition of the Parliament 87 Changing Socio-Economic Profile 93 Parliamentary Committees 96 Concluding Observations 103 Chapter 5: State Executive 107 Features of the State Executive 108 Office of the Governor 110 Chief Minister 117 The Council of Ministers 124 Concluding Observations 127 Chapter 6: The Judiciary 129 Perspectives of the Constituent Assembly 130 Supreme Court 132 High Courts 137 Judicial Review 141 Public Interest Litigation 146 Judicial Activism 147 Judicial Reforms 149 Union Public Service Commission 151 Election Commission 154 Comptroller and Auditor General 157 Finance Commission 160 Concluding Observations 162 Chapter 7: Planning and Economic Development 167 Concept of Planned Development 168 Genesis and Development of Planning in India 168 Role of the Planning Commmission 171 Planning in the Era of Liberalization 175 Concluding Observations 179 Chapter 8: Statutory Institutions and Commissions 183 National Commission for Backward Classes 184 Contents ix National Commission for Women 189 National Human Rights Commission 194 National Commission for Minorities 204 Concluding Observations 209 Chapter 9: The Indian Party System 212 Evolution of the Indian Party System 213 Coalition Governments at the Centre and the States 217 Pressure Groups in Indian Politics 221 Elites in Indian Party System 226 Contemporary Trends in Indian Party System 229 Concluding Observations 232 Chapter 10: The Evolution of Indian Administration 235 Genesis of Administration in India 236 Aspects of the Mughal Administration 237 Legacies of the British Rule 243 Developments during the Rule of the Company 244 Developments in Indian Administration since 1857 249 Concluding Observations 263 Chapter 11: Panchayati Governance in India 269 Local Self-Government in India 270 Structure of the Panchayati Raj Institutions 274 Powers and Functions of the Panchayats 277 Role of Women and Other Marginalized Sections of the Society 281 Rural Development: Panchayats and the Bureaucracy 282 Issues in Effective Functioning of the Panchayats 284 Role of Panchayati Raj in the Era of Liberalization 288 Concluding Observations 291 Chapter 12: Major Issues in Indian Politics 294 Mandal II: Reservation for Social Justice or Appropriation by the Creamy Layer? 299 Religion and Indian Politics 303 Complex Political Texture 306 Economic Reforms and Indian Politics 311 x Indian Government and Politics Deepening of Democracy 313 Gender 316 Environment 319 Concluding Observations 322 Conclusion 329 Model Questions 337 Index 349 About the Authors 359 Preface his book is unique because it has brought out the complexities of the political processes that impinge on the functioning of T the constitutionally-guaranteed institutions (besides polit- ical institutions, like political parties and pressure groups formed out of civil society initiatives) by drawing on the new theoretical approaches in the field of social sciences. The approach is certainly multidisciplinary because one simply cannot comprehend the na- ture of Indian politics without understanding Âthe social churningÊ that has radically altered its conventional articulation. This is, there- fore, a textbook of a different kind in the sense that not only has it dealt with the institutions of Indian politics, it has also identified new areas of research by raising pertinent questions on the nature of Indian politics. Underlining the distinct structural characteris- tics of Indian politics, this book is also a meaningful intervention in unearthing significant socio-political and economic processes which are critical to the political articulation of governance in India. In view of the acceptance of economic reforms and the growing importance of coalition politics, the book seeks to provide an explanation by referring to those factors which are not easy to articulate given the fluidity of circumstances in which they are enmeshed. What is thus striking about the book is its attempt to draw out the theoretical im- plications of IndiaÊs peculiar socio-economic and political processes on the basis of a rigorous empirical investigation of the reality in which ÂpoliticalÊ is visioned and fashioned. We are happy to be associated with the SAGE Text Book project. We are thankful to the SAGE management for having introduced the series with our book on Indian politics. Without the personal interest of Sugata Ghosh, Vice President, Commissioning, the project would not have taken off. By her regular e-mails, Ms Anjana Saproo acted as an efficient editor who knows how to get the work done by xi xii Indian Government and Politics her authors. We are thankful to both of them. The manuscript would not have reached the press without their initiative and personal care. We are also grateful to Dr Kavita A. Sharma, Principal, and members of the department of Political Science of Hindu College for extending moral support to us from time to time. We gratefully acknowledge the support extended by Dr D.N. Gupta of Hindu College while preparing the manuscript. We also express our grati- tude to the staff at the Hindu college library, especially Mr Sanjeev Dutt Sharma, who always remained helpful. We are thankful to the anonymous readers of the manuscript. Their suggestions were very useful while revising the content of the volume. We are indebted to our students for their critical role in making this work seem worthwhile. Finally, we fondly acknowledge the significant contribution of our families without which it would not have been possible for us to concentrate on our academic pursuits. Introduction I ndia is a unique socio-economic and political mosaic for a variety of complex reasons. One of the important reasons is certainly Icolonialism that radically altered the region to fulfil its obvious goals in accordance with its basic exploitative character. There is no doubt that colonialism engendered a specific kind of social, economic and political engineering to pursue an objective that ran counter to that of the ruled. Given the definite impact of alien governance of over more than two centuries, it is difficult to gloss over the inevitable consequences that halted the natural growth of this geographical space by various means·means that never took into account the people, for whom colonialism was nothing but naked exploitation. What is interesting to note is the perpetual influence of colonialism even after it became history. Colonialism was not merely an administrative device; it was also a way of life that continued to shape, if not determine, South AsiaÊs socio-economic and political characteristics. This is, however, not to suggest that colonialism by itself became decisive. What we propose to state is that the role of colonialism was decisive in redefining some of the major socio-economic concerns of independent India. Colonialism cannot be undermined. Its influence is visible in all walks of life. Furthermore, one should also stress that some of the specific socio-economic and political characteristics that the region has acquired are also attributed to the fact that the Age of Enlightenment that had an effect