Igp Assignment
Igp Assignment
1
India's Population 2014. Retrieved from: http:// www.indiaonlinepages.com/ population/ india- current-
population.html
2
Politics of India, Retrieved from: http://en.wikipedia.org/wiki/Politics_of_India.
3
Ibid.
4
Ibid.
5
Ibid.
6
Ibid.
f) Violence: Constitutional speaking, India is supposed to be secular, but large-
scale violence has periodically taken place since independence. In recent
decades, communal tensions and religion-based politics have become more
prominent.
g) Terrorism: The areas where a lot of terrorist activities take place are Jammu
and Kashmir, Central India, and the Seven Sister States and Punjab. Terrorism
in India has often been alleged to be sponsored by Pakistan.
h) Naxalism: Naxalism is a communist group that has been emerged out of the
Sino-Soviet split in the Indian communist movement. Naxalism is found in
areas such as West Bengal, Chattisgarh, and Andhra Pradesh.
i) Poor voter turnout: India’s political parties are eagerly waiting for the 2014
national elections next year. But are Indian citizens equally excited about
casting their votes? Since voting is not a compulsory duty of the people, many
of them do not exercise this right and they choose to remain in their houses and
do something else on that day.
Democracy in India: its Problems and Prospectives:
Soon after attaining independence, India gave herself a constitution and became
the Democratic Republic on 26th January 1950 and has since been governed by
this Constitution. This was indeed a commendable achievement, more
particularly when one looks at some of the countries in our neighbourhood and
even around the world. For it established a system of governance, a sound legal
system, and a fairly sound basis for a democratic socialistic society when
elections were held regularly and the popular mandate was respected.
Thus, we may say that the democratic system has been established as accepted
as an indispensable part of Indian political life; yet we have to recognize that in
practice, there have been serious shortcomings and these will have to be
addressed sooner or rather than later.
Democracy is not a modern phenomenon; it was practiced with some measure
of success in ancient Athens and in ancient India; also, they laid down some of
the fundamental principles of a democratic society which will be very relevant
to us even in modern times.
Supreme on Democracy in India: One of the famous cases that saved Indian
Democracy is the judgment in Kesavananda Bharati v State of Kerala, xvi
whose 40th anniversary has been just concluded on 24th April 2013. The case
was one of the crucial developments in the Indian judiciary as it upheld the
supremacy of the Indian Constitution and prevented authoritarian rule by a
single political party. On April 24, 1973, Chief Justice Sikri and 12 judges of
the Supreme Court assembled delivered the most important judgment in the
judicial history of India. It had been conducted for almost 68 days (from
October 31, 1972, to March 23, 1973)7. There was only one issue to find the
answer to a question as to whether Parliament can amend the Constitution in an
unlimited manner even at the cost of taking away all the fundamental rights of
the citizens of India.
The problem was that under Article 368 of the Indian Constitution, it is
apparently clear that there were no limitations on the power of Parliament to
amend any part of the Constitution. Even there were no restrictions on the
Parliament to prevent it from taking away a citizen’s right to freedom of speech
or his religious freedom. However, after several amendments made to the
Constitution, there was doubt was raised whether there is an inherent or implied
limitation on the amending power of Parliament. In its 703-page verdict, with a
7:6 majority, the Supreme Court has revealed that the Parliament could amend
any part of the Constitution as long as it did not alter the basic structure or
essential features of the Constitution. In this way there was an inherent and
implied limitation on the amending power of Parliament was imposed by the
Judiciary.
The Kesavananda Bharati case8 was the result of a serious conflict between the
judiciary and the Government of India. Where the then Prime Minister Mrs.
Indira Gandhi acted with a selfish motive and violated the true Parliamentarian
spirit on several occasions by amending the Indian Constitution and passing
various laws favouring her Congress Party and finally in 1975 by declaring the
infamous national emergency that too for personal gains. If this was not there,
India would certainly have degenerated into a totalitarian State or would have
had one-party rule and the Constitution would have lost its supremacy.
Some more examples of alterations in the Constitution of Indian that were
carried out for personal gain:
a) One such amendment is the 39th Constitutional amendment that was made
during the Emergency period. This amendment prohibited any challenge to
7
Arvind P. Datar, 2013, The case that saved Indian democracy, The Hindu, April 23rd, 2013.
8
AIR 1973 SC 1461
the election of the President, Vice-President, Speaker, and Prime Minister,
irrespective of electoral malpractice. The sole purpose of this amendment
was to attempt to nullify the adverse Allahabad High Court judgment
against Prime Minister Indira Gandhi who was about to be defeated in the
election.
b) The 41st Amendment prohibited any case, civil or criminal, being filed
against the President, Vice-President, Prime Minister, or the Governors, not
only during their term of office but forever. Thus, if a person was a governor for
just one day, he acquired immunity from any legal proceedings for life. Thanks
to the Kesavananda Bharati, Nani Palkiwala and the seven judges who were in
the majority for saving and preserving the supremacy of the Constitution
otherwise the above shocking amendments would have become part of the
Constitution of India. India now continues to be the world’s largest democracy.
The enormous efforts are taken by Pandit Jawaharlal Nehru, Sardar Wallabhai
Patel, Dr. Babasahed Ambedkar and all the founding fathers of our Constitution
have not gone to waste. Findings: Though India claims to be one of the biggest
democracies in the world, but in reality, there are various challenges that are
responsible for creating hindrance in the true functioning of the democratic
republic of India. The lack of awareness of true values of democracy amongst
the Indian Citizens is also another because that prejudices the minds of the
people towards exercising their participation in the formation and functioning of
the Government.
Further, that most of the politician’s venture into politics with the sole motive of
maximization of their personal wealth by whatever means they can know very
well that someday they may be prosecuted for their acts, for example, ministers
involved in scams such as 2G Spectrum, Common Wealth Games, Coal Block
allocation, etc. This shows that these political leaders make many promises
during their election campaigns but fail to exercise their duties in true
parliamentarian spirit. Political parties make all the efforts to mould public
opinion for their personal gains. Recently, we are witnessing a practice called
opinion polls or exit polls. These practices do not have any scientific basis as
some of the news items associated with them are paid news. However, exit
polls often tend to cause a prejudicial impact on the voters’ mindset and hence
end up electing the wrong leader.
SUGGESTIONS
Recommendations for the successful functioning of Indian democracy:
1) The electorate should be imparted with the knowledge of political
consciousness. They should be made fully aware of their rights and privileges
through organizing programs such as conferences, seminars, workshops,
symposia, etc.
2) The illiterate masses of India should be provided proper education so that
they can sensibly vote for the right leaders. The USA, Britain, Germany, and
Japan are successful democratic countries and gave progress in every sphere
because the masses are literate.
3) There must be a complete ban on Opinion Polls as they cannot be
scientifically relied upon.
4) The media must also play an important role in bringing about true facts and
maintaining the true spirit of the right to speech and expression.
5) The politicians should also respect the true spirit of democracy by playing
their crucial role not as a master but as servants of the represented. They should
refrain from corruption caste and communal politics.
6) The citizens should elect leaders with good moral values and integrity.
7) People should be guided to choose their true representatives. They should not
be influenced by anyone in this respect. Individuals should learn tolerance and
compromise and understand that freedom is not unbridled but dependent on not
harming another individual's well-being.
8) Democracy demands from the common man a certain level of ability and
character, like rational conduct, an intelligent understanding of public affairs,
independent justice, and unselfish devotion to the public interest.
9) The Directive Principles of State Policies must necessarily be made
justiciable rights just like fundamental rights of part III of the Indian
Constitution.
10) People should not allow communalism, separatism, casteism, terrorism, etc
to raise their heads. They are a threat to democracy.
11) The government, the NGOs, and the people together should work
collectively for the economic development of the nation.
12) Changes should come through peaceful, democratic, and constitutional
means. The talented youth of today should be politically educated so that they
can become effective leaders of tomorrow.
13) Legislatures and Judiciary should keep track of what is going on around the
world as far as some of the sensitive human rights-related issues are concerned
such as same-sex marriages, abolition of death penalties, etc., and try to keep
pace with the changing world around us.
14) Finally, it is the duty of the elected representatives be it ruling or opposing,
to be a role model for the youths who are going to take over their
responsibilities in the future. They should do away with the practice of blame
game, indecent and violent behaviour in the four corners of the Parliament and
Legislatures towards each other.
CONCLUSIONS
Finally, it can be concluded that it is very sad that our democracy after 66 years
of independence has given us some illiterate and corrupt ministers who are
ready to do any kind of scams for their welfare. Our Autonomous agencies like
CBI, Income Tax, and Sales Tax Departments, seem to be paper tigers in
dealing with these scams and are unfortunately acting only on the guidelines of
corrupted ministers. Some politicians have also tried to divide our country on
religious grounds only to fill their vote banks which have given rise to various
communal violence. These and many more activities have caused the Indian
democracy to lose its respect in the world. However, at the same, we must be
also fortunate enough to live in a democratic country like India because it is
only a democracy that can provide us equal rights and duties. Thanks to the
Constituent Assembly. It is equally true that Indian is the only country in the
world where people are united together in spite of the fact that we belong to
many religious, cultural, and traditional backgrounds. So, finally, it can be said
that no government or country is perfect. There is nothing wrong with the
Indian Constitutional Law, in fact, it is the responsibility of citizens to make
efforts to actively participate in the functioning of the government and make
their country perfect.