8 polity
8 polity
• Parliament enables citizens of India to participate in decision making and control the
government, thus making it the most important symbol of Indian democracy and a key
feature of the Constitution.
• Why Should People Decide:
(i) Under the colonia rule, the people did not critised British government but the
freedom movement changed this situation.
(ii) The Constitution in independent India laid down the principle of universal adult
franchise i.e, that all adult citizens of the country have the right to vote.
• People and their Representatives:
(i) A democracy is the idea of consent, i.e., the desire, approval and participation of
people.
(ii) The basic idea in democracy is that the individual or the citizen is the most important
person and that in principle the government as well as other public institutions need
to have the trust of these citizens.
(iii) The Parliament, which is made up of all representatives together, controls and guides
the government.
• The Role of the Parliament:
(i) The Indian Parliament is an expression of the faith that the people ind India have in
the principles of democracy.
(ii) The Parliament in our system has immense powers because it is the representative of
the people.
(iii) The Lok Sabha is elected once every five years. The country is divided into a number
of these constituencies. Each of these constituencies elect one person to the
parliament.
(iv) Once elected, the candidates become members of parliament or MPs. These MPs
together make up the Parliament.
• Parliament Performs the Following Functions:
(i) The Parliament in India cosists of the President, the Rajya Sabha and the Lok Sabha.
(ii) There are 543 elected plus 2 nominated members in Lok Sabha.
(iii) The Prime Minister of India is the leader of the ruling party in the Lok Sabha.
(iv) Coalition government is formed when one political party does not get simple majority.
In such a condition, a group of different political parties come together to form a
government.
(v) The Rajya Sabha functions primarily as the representation of the states of India in the
Parliament.
(vi) It has an important role of reviewing and altering the laws initiated by the Lok Sabha.
(vii) The members of the Rajya Sabha are elected by the elected members of the Legislative
Assemblies of various states.
(viii) In the Rajya Sabha there are 233 elected members plus 12 members nominated by the
President.
• To Control, Guide and Inform the Government:
(i) The Parliament, while in session, begins with a question hour.
(ii) The question hour is an important mechanism through which an MP can elicit
information about the working of the government.
(iii) The Opposition parties play a crucial role in the healthy functioning of the democracy.
(iv) The highlight drawbacks in various policies and programmes of the government and
mobilise popular support for their own policies.
(v) The government gets valuable feedback and is kept on its toes by the questions asked
by the MPs.
(vi) Law-making is a significant function of the parliament.
• Who are the People in Parliament:
(i) The Parliament has more and more people from different backgrounds.
(ii) There has been an increase in political participation from the Dalit and backward
castes and the minorities.
(iii) Some seats are reserved in the Parliament for SCs and STs.
(iv) It has recently been suggested that there should be reservation of seats for women.
Chapter – 04 Civics
Understanding Laws
• There are four people who play a key role in our criminal justice system. They are Police,
Public Prosecutor, the Defence Lawyer and the Judge.
• What is the Role of Police in Investing a Crime:
(i) The important function of the police is to investigate any complaint about the
combination of a crime.
(ii) An investigation includes recording statements of witness and collecting different
kinds of evidence.
(iii) If the police think that the evidence points to the guilt of the accused person, then they
file a chargesheet in the court.
(iv) The police investigations always have to be conducted in accordance with law and full
respect for human rights.
(v) Article 22 of the Constitution and criminal law guarantee to every arrested person the
following Fundamental Rights.
(vi) The Right to be informed at the time of arrest of the offence for which the person is
being arrested.
(vii) The Right not to be ill treated or tortured during arrest or in custody.
(viii) Conffessions made in police custody cannot be used as evidence against the accused. (
ix) A boy under 15 years of age and women cannot be called to the police station only for
questioning.
• What is the Role of the Public Prosecutor:
(i) In court, Public Prosecutor represents the interests of the State.
(ii) The role of the Public Prosecutor begins once the police has conducted the
investigation and filed the chargesheet in the court.
(iii) The Public Prosecutor must conduct the prosecution on behalf of the State.
(iv) The Public Prosecutor is expected to act impartially and present the full and material
facts, witnesses and evidence before the court.
• What is the Role of the Judge:
(i) The judge hears all the witnesses and any other evidence presented by the
prosecution and the defence.
(ii) The judge decides whether the accused person is guilty or innocent on the basis of the
evidence presented and in accordance with the law.
(iii) If the accused is convicted, the judge pronounces the sentence.
• What is a Fair Trial:
(i) According to Article 21 of the Constitution that guarantees the right to life states that
a person’s life or liberty can be taken away only by following a reasonable and just
legal procedure.
(ii) A fair trial ensures that Article 21 of the Constitution is upheld.
(iii) Every citizen, irrespective of his class, caste, gender, religious and ideological
backgrounds should get a fair trial when accused.
(iv) The rule of law says that everyone is equal before the law would not make much sense
if every citizen were not guaranteed a fair trial by the constitution.
Chapter – 07 Civics
Understanding Marginalisation
(iii) Mnay among them look up to the Constitution to address their concerns.
(iv) By insisting on their Fundamental Rights , they have forced the government to
(v) The struggles of the marginalized groups have influenced the government to frame
recognize the injustice done to them and they have insisted that the government
new laws, in keeping with the spirit of the Fudamental Rights.
should enforce these laws.
(vi) Article 17 of the Constituion states that untouchability has been abolished.
(vii) This means that no one can henceforth prevent Dalit from educating themselves,
entering temples, using public facilities, etc.
(viii) Article 15 of the Constitution states that no citizen of India shall be discriminated
against on the basis of religion, race, caste, sex or place of birth. This has been used by
Dalits to seek equality where it has been denied to them.
• Laws for the Marginalised Goups:
(i) There are specific laws and policies for the marginalized groups in our country.
(ii) The government makes an effort to promote such policies to give opportunities to
specific groups.
(iii) The government tries to promote social justice by providing for free or subsidized
hostels for the students of Dalit and Adivasi communities.
(iv) The reservation policy is significant and highly contentious.
(v) The laws which reserve seats in education and government employment for Dalits
and Adivasis are based or an important argument that in a society like ours, where for
centuries sections of the population have been denied opportunities to learn and to
work in order to develop new skills or assist these sections.
(vi) Governments across India have their list of Scheduled Castes or Dalits, Scheduled
Tribes and backward and most backward castes. The cenral government too has its
list.
(vii) Students applying to educational institutions and those applying for posts in
government are expected to furnish proof of their caste or tribe status, in the form of
caste and tribe certificates.
• Protecting the Rights of Dalits and Adivasis:
(i) Our country has specific laws that guard against the discrimination and exploitation of
marginalized communities.
(ii) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act was
framed in 1989 to protect Dalits and Adivasis against the domination and violence of
the powerful castes.
(iii) A number of assertive Dalit groups came into being and asserted their rights-they
refused to perform their so-called caste duties and insisted on being treated equally.
(iv) In the 1970’s and 1980’s Adivasi people successful organized themselves and
demanded equal rights and for their land resources to be returned to them.
(v) This Act distinguishes several levels of crimes.
(vi) It lists-modes of humiliation that are both physically horrific and morally
reprehensible.
(vii) Actions that disposess Dalits and Adivasis of their meagre resources or which force
them into performing slave labour.
(viii) Crime against Dalit and tribal women are of a specific kind and therefore seeks to
penalize who use force on these women.
(ix) Manual scavenging referes to the practice of removing human and animal
water/excreta using brooms, tin plates and baskets from dry latrines and carrying it
on the head to the disposal ground some distance away.
(x) In 1993, the government passed the Employment of Manual Scavengers and
Contruction of Dry Latrines (Prohibition) Act. This law prohibits the employment of
manual scavengers as well as the construction of Dry latrines.
• Adivasis Demands and the 1989 Act
(i) The 1989 Act is important because Adivasi refer to it to defend their right to occupy
land that was traditionally theirs.
(ii) Adivasis often unwilling to move from their land, are forcibly displaces.
(iii) This act merely confirms that the land belonging to the tribal people cannot be sold to
or bought by non-tribal people.
• To protect people from exploitation the government makes certain laws. These laws try to
ensure that the unfair practices are kept at a minimum in the markets.
• To ensure that workers are not underpaid but are paid fairly, there is a low on minimum
wages.
• There are laws that protect the interests of producers and consumers in the market.
• The government has to ensure that these laws are implemented which means that the law
must be enforced.
• Enforcement becomes even more important when the laws, the government can control the
activities of individuals or private companies so as to ensure social justice.
• Fundamental Rights guaranteed by the Indian Constitution like ‘Right against Exploitation’
say that no one can be forced to work for low wages or under bondage.
• The Constitution lays down ‘no child below the age of 14 years shall be employed to work in
any factory or mines or engaged in any other hazardous employment.
• Bhopal Gas Tragedy:
(i) The world’s worst industrial tragedy took place in Bhopal 24 years ago.
(ii) Union Carbide (UC) an American company had a factory in the city in which it
produced pesticides. MIC, a highly poisonous gas, started leaking on 2 December
1984, at midnight from the factory.
(iii) Within three days more than 8,000 people were dead, Hundreds of thousands were
maimed.
(iv) Us stopped its operations but left behind tons of toxic chemicals.
(v) 24 years later, people are still fighting for justice, for safe drinking water, for
healthcare facilities and jobs for the people poisoned by UC.
• What is a Worker’s worth:
(i) Foreign companies come to India for cheaper labour.
(ii) Wages in USA are higher than that compared to workers in poorer countries like in
India.
(iii) For lower pay, companies can get longer hours of work.
(iv) Cost cutting can be done by other more dangerous means, e.g., lower working
conditions including lower safety measures are used as ways of cutting costs.
(v) Since there is as much unemployement, there are many workers who are willing to
work in unsafe conditions in return for a wage.
• Enforcement of Safety Laws:
(i) As the lawmaker and enforcer, the government is supposed to ensure that safety laws
are implemented.
(ii) It is the duty of the government to ensure that the Right to Life guaranteed under
Article 21 of the Constitution is not violated.
(iii) Instead of protecting the interests of the people, their safety was being disregared
both by the government and by private companies.
(iv) With more industries being set up both by local and foreign business in India, there is
a great need for stronger laws protecting workers rights and better enforcement of
these laws.
• New Laws to Protect the Environment:
(i) In 1984, there were very few laws protecting environment in India and there was
hardly any enforcement of these laws.
(ii) Environment was treated as a ‘free’ entity and industry could pollute the air and
water without any restricted.
(iii) Whether it was our rivers, air or groundwater the environment was being polluted
and the health of people disregarded.
(iv) The polluter was to be held accountable for the damage done to environment.
(v) The Government is responsible for setting up laws and procedures that can check
pollution, clean rivers and introduce heavy fines for those who pollute.
• Environment as a Public Facility:
(i) Environment issue in India has highlighted the fact that the growing concern for the
environment among the middle classes is often at the expense of the poor.
(ii) The challenge is to look for solutions where everyone can benefit from a clean
environment.
(iii) The government has to encourage and support factories to gradually move to cleaner
technologies.
(iv) This will ensure that the workers livelihoods are protected and both workers and
communities living around the factories enjoy a safe environment.
• Conclusion:
(i) Laws are necessary in many situations, whether this be the market, office or factory
so as to protect people from unfair practices.
(ii) Laws that are weak and poorly enforced can cause serious harm.
(iii) While the government has a leading role in the respect, people can exert pressure so
that both private companies and the government act in the interests of society.