BPSC -102
CONSTITUTIONAL GOVERNMENT AND DEMOCRACY IN INDIA
BPSC 102 Solved Free Assignment 2023
BPSC 102 Solved Free Assignment January 2023
Assignment – I
Q 1. Elaborate upon Philosophical premises of the Indian Constitution.
Ans. The Indian Constitution, adopted in 1950, is based on a set of philosophical premises that reflect the cultural and intellectual heritage of India.
These premises are rooted in ancient Indian philosophy and draw upon ideas from a range of traditions, including Hinduism, Buddhism, Jainism, and Sikhism.
The first philosophical premise of the Indian Constitution is the concept of dharma, which refers to the moral and ethical principles that underlie the universe.
In Hinduism, dharma is seen as the foundation of social and political order, and is understood to be the basis for justice, fairness, and equity.
The Indian Constitution reflects this idea by emphasizing the importance of justice, liberty, equality, and fraternity as the core values of Indian democracy.
These values are enshrined in the preamble to the Constitution, which states that India is a sovereign, socialist, secular, democratic republic that is committed to securing justice, liberty, equality, and fraternity for all its citizens.
The second philosophical premise of the Indian Constitution is the concept of karma, which refers to the idea that individuals are responsible for their own actions and their own destiny. BPSC 102 Solved Free Assignment 2023
This idea is reflected in the Indian Constitution by emphasizing the importance of individual rights and responsibilities.
The Constitution guarantees a range of fundamental rights, including the right to freedom of speech and expression, the right to freedom of religion, the right to equality before the law, and the right to education.
These rights are grounded in the idea that individuals have a responsibility to themselves and to society to exercise their rights in a responsible and ethical manner.
The third philosophical premise of the Indian Constitution is the concept of ahimsa, which refers to the principle of non-violence.
This idea is rooted in the teachings of Mahatma Gandhi, who emphasized the importance of non-violent resistance in the struggle for Indian independence.
The Indian Constitution reflects this idea by emphasizing the importance of peace, non-violence, and harmony in Indian society.
The Constitution prohibits discrimination on the basis of religion, caste, gender, or language, and promotes the values of tolerance and respect for diversity.
The fourth philosophical premise of the Indian Constitution is the concept of satya, which refers to the pursuit of truth. This idea is reflected in the Indian Constitution by emphasizing the importance of transparency, accountability, and the rule of law.
The Constitution establishes a system of checks and balances that is designed to prevent the abuse of power by any individual or institution.
The Constitution also guarantees the independence of the judiciary, which is responsible for interpreting and upholding the Constitution.
The fifth philosophical premise of the Indian Constitution is the concept of renunciation, which refers to the idea of self-sacrifice and service to others.
This idea is reflected in the Indian Constitution by emphasizing the importance of social justice and the welfare state. BPSC 102 Solved Free Assignment 2023
The Constitution mandates that the state shall promote the welfare of the people by providing for their basic needs, such as food, shelter, and healthcare.
The Constitution also establishes a system of affirmative action to address historical inequalities and to promote the social and economic empowerment of marginalized groups.
The philosophical premises of the Indian Constitution have important implications for India’s democracy. They provide a foundation for a democratic system that is rooted in the principles of justice, liberty, equality, and fraternity.
These values are reflected in the Constitution’s commitment to fundamental rights, individual responsibilities, non-violence, truth, and social justice.
They also provide a framework for addressing the challenges that India faces in its ongoing struggle to build a more inclusive and democratic society.
Moreover, the philosophical premises of the Indian Constitution have important implications for India’s place in the world.
As a democratic republic that is committed to the values of justice, liberty, equality, and fraternity, India has become an important global player in the fight against authoritarianism and the promotion of human rights.
India’s commitment to non-violence and harmony has also helped to promote peace and stability in the region and around the world.
These values have also made India a leader in the fight against climate change and other global challenges.BPSC 102 Solved Free Assignment 2023
However, the philosophical premises of the Indian Constitution are not without controversy.
Some critics have argued that the emphasis on Hindu cultural and philosophical traditions has marginalized other religious and cultural communities in India.
Others have criticized the Constitution’s focus on individual rights and responsibilities, arguing that it neglects the importance of community and collective well-being.
Still, others have argued that the Constitution’s emphasis on social justice and the welfare state has led to inefficiencies and corruption in India’s political and economic system.
Despite these criticisms, the philosophical premises of the Indian Constitution continue to inspire and guide India’s democracy.
They provide a framework for addressing the challenges that India faces in its ongoing quest for a more inclusive and democratic society.
They also provide a source of inspiration for all those who seek to build a more just and equitable world.BPSC 102 Solved Free Assignment 2023
Q 2. Explain the Division of Powers between the Union and Federal Units in the Constitution of India.
Ans. The Constitution of India is the supreme law of the land that defines the powers and functions of the government, and the rights and duties of its citizens.
One of the key features of the Indian Constitution is the division of powers between the Union and the States.
This division of powers is enshrined in Part XI of the Constitution, which outlines the powers and functions of the Union and the States.
The division of powers between the Union and the States is based on the federal system of government.
The Constitution defines a federal system of government as one in which powers are divided between the central government and the state governments, and each level of government has its own domain of authority.
The Constitution of India provides for a federal system of government, where power is shared between the Union and the States.
Under the Constitution of India, the powers of the Union are divided into three categories: Union List, State List, and Concurrent List.
The Union List consists of 100 items, over which the Parliament has exclusive power to legislate. These include defense, foreign affairs, currency, banking, and national highways, among others. BPSC 102 Solved Free Assignment 2023
The State List consists of 61 items, over which the State Legislature has exclusive power to legislate. These include public order, police, health, agriculture, and local government, among others.
The Concurrent List consists of 52 items, over which both the Parliament and the State Legislature have the power to legislate. These include criminal law, education, forests, and social welfare, among others.
The division of powers between the Union and the States is based on the principle of subsidiarity, which means that decisions should be made at the lowest possible level of government.
This principle ensures that the government is more responsive to the needs of the people, and that decisions are made by those who are closest to the ground.
The Constitution also provides for the creation of Union Territories and Special States, which have a different set of powers and functions.
The Constitution also provides for a mechanism for resolving disputes between the Union and the States. BPSC 102 Solved Free Assignment 2023
Article 131 of the Constitution provides that any dispute between the Union and a State, or between two or more States, can be resolved by the Supreme Court.
This mechanism ensures that disputes between the Union and the States are resolved in a fair and impartial manner.
The Constitution also provides for the creation of a Council of Ministers at the State level, which is responsible for the administration of the State. The Council of Ministers is headed by the Chief Minister, who is appointed by the Governor.
The Council of Ministers is responsible for the day-to-day administration of the State, and for implementing the policies and programs of the State government.
The Constitution also provides for the creation of a Council of Ministers at the Union level, which is responsible for the administration of the Union. The Council of Ministers is headed by the Prime Minister, who is appointed by the President.
The Council of Ministers is responsible for the day-to-day administration of the Union, and for implementing the policies and programs of the Union government.
The Constitution also provides for the creation of a system of checks and balances between the Union and the States. BPSC 102 Solved Free Assignment 2023
For example, the Constitution provides that the Parliament cannot legislate on a matter that is exclusively within the domain of the State Legislature.
Similarly, the State Legislature cannot legislate on a matter that is exclusively within the domain of the Parliament.
The division of powers between the Union and the States is also significant because it allows for the distribution of resources and responsibilities.
The Constitution provides for the sharing of revenue between the Union and the States, with the Union providing financial assistance to the States through grants and loans.
This ensures that resources are distributed in a fair and equitable manner, and that the needs of all States are addressed.
The division of powers between the Union and the States is also important because it allows for diversity and plurality.
India is a country with vast cultural, linguistic, and ethnic diversity, and the federal system of government allows for the expression of this diversity.
Each State has its own unique identity, and the federal system of government ensures that this identity is respected and preserved.
The division of powers between the Union and the States also helps to ensure effective governance. BPSC 102 Solved Free Assignment 2023
Since power is shared between the Union and the States, each level of government can focus on its specific areas of responsibility, and can work towards achieving its goals.
This ensures that governance is more effective, and that the needs of the people are better addressed.
The division of powers between the Union and the States also ensures that the Constitution is upheld.
Since each level of government has its own domain of authority, there is less likelihood of any one level of government becoming too powerful.
This ensures that the Constitution is upheld, and that the rights and freedoms of the people are protected.
The division of powers between the Union and the States has also contributed to the stability of the Indian political system.
Since power is shared between the Union and the States, there is less likelihood of any one level of government being overthrown or destabilized.
This has ensured that the Indian political system has remained stable, and that the democratic process has been upheld.
Assignment – II
Q 1. Discuss different types of emergency provisions in the Indian Constitution.
Ans. The Indian Constitution provides for emergency provisions that can be invoked during times of crisis to ensure that the country remains stable and secure.
There are three types of emergency provisions provided in the Constitution – National Emergency, State Emergency, and Financial Emergency.
National Emergency: This type of emergency can be invoked when there is a threat to the security of the country or any of its territories. It can also be invoked if there is a threat to the constitutional order or if there is a breakdown of law and order.
The President can declare a National Emergency on the written advice of the Cabinet of Ministers. BPSC 102 Solved Free Assignment 2023
This type of emergency can be in force for a maximum period of six months, but can be extended by the Parliament by a period of six months at a time.
During a National Emergency, the fundamental rights of citizens can be suspended, and the executive and legislative powers of the Union can be extended to the States.
State Emergency: This type of emergency can be invoked when there is a threat to the peace and stability of a State.
The Governor of the State can recommend the imposition of a State Emergency to the President, and the President can declare a State Emergency on the written advice of the Cabinet of Ministers.
During a State Emergency, the executive power of the State is suspended, and the Governor becomes the head of the State.
The legislative assembly of the State can also be dissolved, and the President’s rule can be imposed in the State.
Financial Emergency: This type of emergency can be invoked when there is a threat to the financial stability of the country or any of its territories.
The President can declare a Financial Emergency on the written advice of the Cabinet of Ministers, and during this time, the executive and legislative powers of the Union can be extended to the States. BPSC 102 Solved Free Assignment 2023
The Constitution also provides for the appointment of a Financial Emergency Committee, which is responsible for advising the President on financial matters during the emergency.
The emergency provisions provided in the Indian Constitution are important for ensuring the stability and security of the country during times of crisis.
However, they are also controversial as they can potentially be misused to curtail the rights and freedoms of citizens.
The imposition of emergency rule during the 1970s, commonly known as the Emergency period, is often cited as an example of the misuse of emergency provisions in the Constitution.
The National Emergency declared during the Emergency period resulted in the suspension of fundamental rights, the censorship of the media, the arrest of political opponents, and the forced sterilization of thousands of individuals.
The Emergency period is widely regarded as a dark period in the history of India, and it resulted in a widespread demand for greater accountability and transparency in the use of emergency provisions in the Constitution.
Since the Emergency period, there have been several attempts to amend the Constitution to limit the scope of emergency provisions.
The 44th Amendment Act of 1978, for instance, added a new clause to Article 352, which requires the President to consult with the Council of Ministers before declaring a National Emergency.
This amendment was aimed at preventing the misuse of emergency provisions by the executive.BPSC 102 Solved Free Assignment 2023
Q 2. What were the recommendations of the Sarkaria Commission? Explain.
Ans. The Sarkaria Commission was set up by the Indian government in 1983 to examine and make recommendations on the Centre-State relations in the country.
The commission was chaired by Justice R.S. Sarkaria and consisted of several prominent legal and constitutional experts.
The commission submitted its report in 1988, which contained several recommendations on various aspects of Centre-State relations. In this essay, we will discuss the recommendations of the Sarkaria Commission.
Role of Governors: One of the key recommendations of the Sarkaria Commission was regarding the role of Governors in the States.
The commission recommended that the Governor should be a person with knowledge and experience of public affairs and should act as a bridge between the Centre and the State. BPSC 102 Solved Free Assignment 2023
The commission also recommended that the Governor should not be a political person, and his/her appointment should be made on merit and suitability.
Appointment of Chief Ministers: The commission recommended that the appointment of Chief Ministers should be made on the basis of the support of the majority of the members in the legislative assembly.
The commission also recommended that the Governor should not be involved in the process of selecting the Chief Minister and should only act as a rubber stamp for the decision of the legislative assembly.
Dismissal of State Governments: The commission recommended that the dismissal of State Governments should only be done in exceptional circumstances when the government is unable to function due to internal strife or other reasons.
The commission also recommended that the Governor should not be involved in the process of dismissing the government, and the decision should be made by the President on the recommendation of the Union Cabinet.
Inter-State Relations: The commission recommended that the Centre should play a more active role in promoting inter-state cooperation and resolving disputes between the States. BPSC 102 Solved Free Assignment 2023
The commission also recommended the establishment of an Inter-State Council to facilitate coordination between the Centre and the States.
Fiscal Federalism: The commission recommended that the States should be given more financial autonomy and that the Centre should provide more resources to the States.
The commission also recommended the establishment of a Finance Commission to determine the distribution of resources between the Centre and the States.
Concurrent List: The commission recommended that the Concurrent List, which contains subjects that are under the jurisdiction of both the Centre and the States, should be reduced.
The commission also recommended that the Centre should not interfere in the implementation of policies that are under the jurisdiction of the States.
Centre-State Coordination: The commission recommended that the Centre should have a more consultative approach towards the States and should involve them in the decision-making process. BPSC 102 Solved Free Assignment 2023
The commission also recommended that the Centre should not bypass the States while implementing policies and should take their concerns into consideration.
Q 3. Explain the special provisions under the Fifth and Sixth Schedules of the Constitution.
Ans. The Indian Constitution provides for special provisions for the administration of tribal areas in the Fifth and Sixth Schedules.
The Fifth Schedule deals with the administration of tribal areas in the states other than Assam, Meghalaya, Tripura, and Mizoram, while the Sixth Schedule deals with the administration of tribal areas in the Northeastern states of Assam, Meghalaya, Tripura, and Mizoram.
Fifth Schedule:
Administration of Tribal Areas: The Fifth Schedule provides for the administration of tribal areas in the States other than Assam, Meghalaya, Tripura, and Mizoram.
The Governor of the State is responsible for the administration of the tribal areas and is empowered to make regulations for the peace and good governance of the area.
Tribal Advisory Council: The Governor is required to constitute a Tribal Advisory Council to advise him/her on matters related to the welfare and development of the tribal areas.BPSC 102 Solved Free Assignment 2023
Protection of Tribal Rights: The Fifth Schedule provides for the protection of tribal rights, including the right to own and dispose of land, the right to access forest resources, and the right to maintain their own customs and traditions.
Prohibition of Transfer of Tribal Lands: The Fifth Schedule prohibits the transfer of tribal lands to non-tribals without the prior approval of the Governor.
Sixth Schedule:
Autonomous Districts: The Sixth Schedule provides for the creation of Autonomous Districts in the Northeastern states of Assam, Meghalaya, Tripura, and Mizoram.
These districts are granted a measure of autonomy and have their own district councils.
Tribal Areas: The Sixth Schedule also provides for the administration of tribal areas in these states.
The Governor is responsible for the administration of the tribal areas and is empowered to make regulations for the peace and good governance of the area.
District Councils: The Autonomous Districts are governed by District Councils, which are responsible for the development and administration of the district.
The District Councils have the power to make laws on a range of subjects, including land, forests, and cultural and social practices.
Village Councils: The Sixth Schedule also provides for the creation of Village Councils in the tribal areas. The Village Councils are responsible for the management of the village and have the power to make laws on a range of subjects.
Protection of Tribal Rights: The Sixth Schedule provides for the protection of tribal rights, including the right to own and dispose of land, the right to access forest resources, and the right to maintain their own customs and traditions.
Prohibition of Transfer of Tribal Lands: The Sixth Schedule prohibits the transfer of tribal lands to non-tribals without the prior approval of the District Council.
Assignment – III
Q 1. Write a brief note on Balwant Rai Mehta Committee.
Ans. The Balwant Rai Mehta Committee was appointed by the Government of India in 1957 to examine the system of local governance in India and recommend measures for its improvement. BPSC 102 Solved Free Assignment 2023
The committee was named after its chairman, Balwant Rai Mehta, a Member of Parliament and a social activist.
The committee submitted its report in 1957, which is popularly known as the Balwant Rai Mehta Report.
The report recommended the adoption of the Panchayati Raj system of governance, which is based on the principles of decentralization and local self-governance.
The Panchayati Raj system is a three-tier system of local governance, with Gram Panchayats at the village level, Panchayat Samitis at the block level, and Zilla Parishads at the district level.
The system was designed to give more powers and responsibilities to the local communities and to encourage their participation in the decision-making process.
The Balwant Rai Mehta Report recommended that the Panchayati Raj system should be implemented throughout the country in a phased manner, with the first phase focusing on the states of Maharashtra, Gujarat, Andhra Pradesh, and Karnataka.
The report also suggested that the Panchayati Raj system should be made a constitutional provision and that the states should be given the freedom to adapt the system to their local needs and conditions.
The Balwant Rai Mehta Report had a significant impact on the development of local governance in India. BPSC 102 Solved Free Assignment 2023
The report led to the adoption of the Panchayati Raj system by many states in the country, and the system has since become an integral part of the Indian political system.
The report also paved the way for the 73rd and 74th Constitutional Amendments, which made the Panchayati Raj system a constitutional provision and gave more powers and responsibilities to the local communities.
Q 2. Discuss the special powers and functions of the Rajya Sabha.
Ans. The Rajya Sabha is the upper house of the Parliament of India and plays an important role in the Indian political system.
While the Lok Sabha is the primary legislative body, the Rajya Sabha also has several special powers and functions that make it an important institution in the Indian political system.
One of the most important functions of the Rajya Sabha is to represent the interests of the states and union territories. BPSC 102 Solved Free Assignment 2023
Members of the Rajya Sabha are elected by the state legislatures and represent the interests of their respective states.
This ensures that the interests of the states are represented in the national legislative process and that their voices are heard.
The Rajya Sabha also plays a crucial role in the process of making and amending laws. Bills passed by the Lok Sabha must be approved by the Rajya Sabha before they can become law.
The Rajya Sabha can make recommendations or suggest amendments to the bills, which are then considered by the Lok Sabha. This ensures that the legislative process is more deliberative and that all viewpoints are taken into consideration.
Another important function of the Rajya Sabha is to act as a check on the powers of the Lok Sabha.
While the Lok Sabha is the more powerful of the two houses, the Rajya Sabha has the power to delay or even reject bills passed by the Lok Sabha.
This ensures that the legislative process is not dominated by one party or ideology and that there is a balance of power between the two houses.
The Rajya Sabha also has several special powers that are not available to the Lok Sabha. For example, the Rajya Sabha has the power to initiate impeachment proceedings against the President of India.
It can also pass a resolution declaring that it is necessary to create a new All India Service or to remove an existing service.
Another important power of the Rajya Sabha is its role in the process of electing the Vice President of India. BPSC 102 Solved Free Assignment 2023
Members of both houses of parliament and members of the state legislatures form the electoral college for the Vice Presidential elections.
However, the Rajya Sabha has a greater representation in the electoral college than the Lok Sabha, giving it a greater say in the election of the Vice President.
Q 3. What are the powers of the Speaker of the Lok Sabha?
Ans. The Speaker of the Lok Sabha is the presiding officer of the lower house of the Parliament of India.
The Speaker has several important powers and functions that are essential for the smooth functioning of the Lok Sabha.
One of the key functions of the Speaker is to conduct the proceedings of the Lok Sabha.
The Speaker is responsible for maintaining order and decorum in the house and ensuring that the rules of the house are followed.
The Speaker has the power to decide on points of order and to rule on matters related to the conduct of the proceedings.
Another important power of the Speaker is to maintain discipline in the house. The Speaker has the power to punish members of the house who violate the rules or disrupt the proceedings. BPSC 102 Solved Free Assignment 2023
The Speaker can suspend a member of the house for a specified period or expel a member for the duration of the session.
The Speaker also plays an important role in the legislative process. The Speaker has the power to decide which bills or motions are to be taken up for discussion and voting.
The Speaker can also allow members to introduce bills or amendments to bills. The Speaker has the power to interpret the rules of the house and to decide whether a bill or amendment is admissible or not.
The Speaker is also responsible for the administration of the Lok Sabha. The Speaker has the power to appoint the staff of the Lok Sabha, including the Secretary General, who is the chief administrative officer of the house.
The Speaker is also responsible for the allocation of seats and office space to members of the house.
One of the most important powers of the Speaker is to decide on matters related to the membership of the house.
The Speaker has the power to accept or reject the resignation of a member and to disqualify a member for violating the provisions of the Constitution or the rules of the house. BPSC 102 Solved Free Assignment 2023
The Speaker is also responsible for deciding on matters related to the eligibility of members to sit in the house.
The Speaker also plays an important role in the process of electing the Prime Minister of India.
After a general election, the Speaker invites the leader of the party or coalition with the majority of seats in the Lok Sabha to form the government.
The Speaker also presides over the election of the Deputy Speaker of the Lok Sabha.
Q 4. What is the procedure for removing a judge of the Supreme Court?
Ans. The procedure for removing a judge of the Supreme Court is provided in Article 124(4) and Article 124(5) of the Indian Constitution.
Article 124(4) states that a judge of the Supreme Court can be removed from office only by an order of the President, passed after an address by both Houses of Parliament, supported by a majority of not less than two-thirds of the members present and voting in each House.
The procedure for removal of a judge of the Supreme Court can be initiated in either House of Parliament. BPSC 102 Solved Free Assignment 2023
The notice of the motion for removal must be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha.
The motion is then referred to a three-member committee consisting of the Chief Justice of India or a judge nominated by him/her, a judge of the Supreme Court appointed by the Chief Justice of India, and a distinguished jurist nominated by the President of India.
The committee investigates the charges made against the judge and presents its findings to the Parliament.
If the committee finds the judge to be guilty of misbehavior or incapacity, the motion for removal is taken up for consideration by the House where it was originally introduced.
If the motion is passed by a two-thirds majority of the members present and voting in each House, it is sent to the President for his/her assent. If the President gives his/her assent, the judge is removed from office.
It is important to note that the Constitution provides for a high threshold for the removal of a judge of the Supreme Court.
This is because the judiciary is an independent and impartial institution and judges must be protected from arbitrary removal or interference.
In practice, there have been very few instances of judges of the Supreme Court being removed through this procedure. BPSC 102 Solved Free Assignment 2023
The last time a judge of the Supreme Court was impeached was in 1993, when Justice V. Ramaswami was impeached by the Lok Sabha for charges of misbehavior. However, the motion failed to pass in the Rajya Sabha.
Q 5. What are the qualifications for a member of the Indian Parliament?
Ans. The qualifications for a member of the Indian Parliament are provided in Article 84 of the Indian Constitution. They are as follows:
Citizen of India: The person must be a citizen of India.
Age: For the Lok Sabha (Lower House), the minimum age is 25 years and for the Rajya Sabha (Upper House), the minimum age is 30 years.
Electoral Roll: The person must be registered as a voter in any parliamentary constituency in India.
Nomination: The person must be nominated by an electoral college consisting of members of legislative assemblies of states or, in the case of the Rajya Sabha, members of the legislative assemblies of states or members of the electoral college for that state.BPSC 102 Solved Free Assignment 2023
Disqualifications: A person is disqualified from being a member of Parliament if he or she is of unsound mind, is an undischarged insolvent, is not a citizen of India, holds an office of profit under the government, has been convicted of an offence involving moral turpitude, or is otherwise disqualified under any law made by Parliament.
It is important to note that the Constitution also provides for certain disqualifications for members of Parliament after their election.
These include if they hold an office of profit under the government, if they are convicted of an offence involving moral turpitude, or if they voluntarily give up membership of their party.
Overall, the qualifications for a member of Parliament ensure that only eligible and qualified individuals are elected to serve in the Indian Parliament.