INDIAN GOVERNMENT and POLITICS by S.S. AWASTHY

INDIAN GOVERNMENT AND POLITICS by S.S. AWASTHY

INDIAN GOVERNMENT AND POLITICS

(Revised Edition)

S.S. AWASTHY

Department of Political Science

PGDAV College University of Delhi, New Delhi

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Reprint, 2000

Revised Edition, 2003

Reprint, 2004

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Published by Ashok Gosain&Ashish Gosain for Har-Anand Publications Pvt Ltd and printed at H.S. Offset.

Preface

This book has been written keeping in view the requirements of the undergraduate students of Delhi University. It is very difficult for any book on Indian Government and Politics to be totally update for it is not only an explosive subject but also a very fast changing one. However, we have endeavoured to cover these developments till date. It is hoped that the present work would help both the students as well as the teachers of our discipline. I am thankful to scholars have been duly acknowledged in the text. For the rest I express my gratitude for having learnt from them through their scholarly attempts. I also take this opportunity to thank many of my colleagues and friends without whose support this effort would not have seen the light of day. Among them Dr. N.D. Arora, B.S. Bagla, Dr. Sunder Raman, Dr. S.N. Talwar, Kusum Lata Chadha, Dr. R.M. Bhardwaj, Dr. Kusum Kaushik and Maindar Singh, Advocate, Supreme Court, deserve special thanks for their invaluable suggestions and cooperation. I thank O.P. Grover, Librarian, PGDAV College, New Delhi and his entire staff who have always extended their hearty support whenever needed. The library staff of Nehru Memorial Museum Library, Teen Murti Bhawan was equally courteous and ever-obliging. I acknowledge their cooperation. I also wish to thank my parents, wife, daughter Ayushi and little son Vaibhav who always had the complaint of being neglected at the cost of this book. I also thank Narendra Kumar, Ashok Gosain and Ashish Gosain for their cooperation and for publishing this book.

S.S. AWASTHY

6 7

Preface to the Second Edition

Over the years Indian politics has been undergoing a period of tremendous transitions creating, developing and nurturing the varied human emotions of joy and sorrow, love and hatred, and hope and despair. Lately there is a sense of desperation, frustration and all hopes seem to be lost in the hazy horizon of politics. Terrorism has become a major menace, a dreaded disease in our body politic, afflicting the lives of millions of people.

Besides, we have gigantic problems of corruption and criminalisation of politics which need to be addressed nationally and above narrow political considerations as they are eating into the vitals of this country. As a result, the country seems to be drifting into chaos and increasingly losing its historical and cultural moorings. We need concerted efforts to pull back India from its present crisis. But this is not a crisis of stability, for, in my view, Indian social, economic and even political infrastructure is strong enough to withstand such instability. Over the years, I also discern, a growing maturity among the political players of India and hence I find nothing remorsful about it. But terrorism, corruption and criminalisation of politics alarm me because, if not dealt judiciously they have a potential of developing into a nexus which will attack our democratic roots. And let us face it, we have no option to democracy. Democracy is the fabric of our diversified political culture which clubs us into our single national identity of being Indians. Undoubtedly, Indian nationalism is very potent as it has strong historical and cultural roots which continue to strengthen us, even in the hours of crisis. But we cannot take things for granted. As a student of Indian Government and politics, I have always been optimistic as I have an unshaken faith in my country, but definitely we need to march forward beyond words which have lost meanings in the present context of empty promises and high rhetoric. The crisis that India faces today, is the crisis of living peacefully, fearlessly and safely. The common man's fundamental right to life is under threat from many known and unknown elements including the state. It is this crisis which is to be addressed not only by the policy makers and the political and social activists of India but also by the people of India who on November 26, 1949 adopted, enacted and gave to themselves the

Constitution of India which fortunately has withstood the onslaughts of all chaos and confusions created after its adoption. But the problem is the vast ignorance prevalent among the people regarding the Indian constitution which definitely is a bliss for those shortsighted and self-centred criminals who venture into politics to gain legitimacy and create an atmosphere which can only breed crime and violence. If, somehow, this book goes far beyond the academic community to the people of India, my labour will achieve its end.

It is always a matter of great satisfaction and pride for an author when his work is welcomed and appreciated by the academic community. This work, first published in 1999, was an instant success and found its due place among the writings on Indian Government and Politics. I am happy to present this second revised edition to the discerning readers. In fact any book on Indian Politics needs to be updated ever so often because of its immensely dynamic and ever-changing subject.

I take this opportunity to thank my colleagues Dr N.D. Arora, Dr Sunder Raman, Dr Kusum Kaushik, Dr Kusumlata Chaddha, and Shri B.S. Bagla and friends who have helped in their respective ways in preparing this edition. Finally, I put on record my gratitude and appreciation to Narendra Kumar, in particular, who, being an acknowledged author, has always been very kind to me. I also also express my sincere thanks to Ashok Gosain and Ashish Gosain for bringing out this book so expeditiously and so elegantly.

S.S. AWASTHY

Contents

I. India on the Eve of Independence 15

Indian Polity in 1947

Indian Economy on the Eve of Independence

Indian Society on the Eve of Independence

II. The Constituent Assembly and its Perception of Future Indian Polity 38

Historical Background

The Constituent Assembly: Was it Truly

Representative of the Indian People?

The Constituent Assembly: Perception

III. Preamble 52

Source of the Constitution

Nature of Indian Political System

The Objectives of the Constitution

Date of the Adoption of the Constitution

Preamble— Its Significance

IV. Idea of Justice I—Fundamental Rights 62

What is Justice

Nature of Fundamental Rights

Fundamental Rights—Contents

V. Idea of Justice II—Directive Principles of State Policy 80

Features of Directive Principles of State Policy

Directive Principles of State Policy: Contents

Directive Principles of State Policy—A Critique

Directive Principles of State Policy and Fundamental

Rights—Inter-Relationship

Directive Principles of State Policy—Their

Implementation

VI. Nature of Indian State 95

Nature of the Colonial State

India—A Liberal-Democratic State

India—A Liberal-Socialist State

India—A Welfare State

Nature of Indian State—The Marxist View

VII. Social Structure and the Democratic Process in India 104

Features of Indian Social Structure

India—A Multi Religious Society

Language

Illiteracy

The Gender Problem

Children

The Economic Disparities

Regionalism

Corruption and Criminatisation of Politics

Trends

VIII. Federalism in India 118

What is Federation?

Nature of Indian Federation

Why is the Centre Strong?

Evolution of Indian Federalism (1950-2002)

Tension Areas in Indian Federation

The Issue of State Autonomy

IX. The Parliament of India 144

The Concept of Parliamentary Democracy

Composition of Indian Parliament

Disqualifications for Membership of Parliament

Dissolution of the Lok Sabha

Quorum

Committee System in the Parliament

Powers, Functions and Role of Indian Parliament

Role of the Indian Parliament

Decline of Parliament

Speaker of the Lok Sabha

Relations between the Rajya Sabha and Lok Sabha

Law Making Process in the. Parliament

X. The President of India 174

Election of President of India

Powers and Functions of the President

The Position of Indian President

XI. The Prime Minister of India 197

Appointment of the Prime Minister

Tenure of the Prime Minister

Dismissal of a Prime Minister

Powers and Functions of the Prime Minister

Prime Minister and President

Relationship between the Prime Minister and

his Cabinet

Role of Prime Minister—Some Observations

XII. The Supreme Court of India 214

Organisation of the Supreme Court

Powers and Functions of the Supreme Court

Power of Judicial Review

Working of Judicial Review in Indian

Political System

Judicial Activism

Why Judicial Activism?

Judicial Activism—Two Schools of Thought

Criticism of Judicial Review

XIII. State Government and their Working 246

The Governor: Appointment and Removal

Powers and Functions of the Governor

Position and Role of Governor

XIV. Panchayati Raj in India 264

History of Panchayati Raj in India

Panchayati Raj—Structure and Functions

The Post-Seventy Third Amendment Scenario

XV. Nature of Administration—Role in Political and Developmental Process 282

Nature of Bureaucracy in India

Union Public Service Commission

Role of Administration after Independence

Administration in India—The Challenges

Bureaucracy and the Liberalization

XVI. Constitutional Amendment—Socio-Political Implications 303

Amending Process in the Indian Constitution

Constitutional Amendments and Social Change

Constitutional Amendments: Political Implications

XVII. Party System in India 318

Features of Party System in India

Major Political Parties in India

Some Regional Parties

XVIII. Pressure Groups in India 349

Kind of Pressure Groups in India

Features of Pressure Groups in India

Role of Pressure Groups

Techniques of the Pressure Groups in India

XIX. Elections and Participation 360

Elections in India

Election Commission of India

Powers and Functions of the Election Commission

General Observation about Elections in India

XX. Social Movements in India 391

Peasant Movements

Trade Union Movement in India

Tribal Movement in India

Women Movement in India

Dalit Movement in India

XXI. The Problem of Underdevelopment 422

Poverty

Illiteracy

Regional Imbalance

Environmental Degradation

XXII. Strategy of Economic Development in India 448

What is Economic Planning?

Why Planning?

Planning Strategy

Appraisal of Planning Process in India

XXIII. National Integration 460

Communalism: A Big Challenge to

National Integration

What is Communalism?

Causes of Communalism in India

Historical Legacy

Economic Backwardness and Illiteracy

among the Muslims

Separatism and Isolationism among the Muslims

The Compulsions of Democratic Process

Role of Pakistan and other Islamic Countries

Religious Revivalism

Role of the Government

Socio-economic Causes

Secularism

Secularism in India—Few Observations

Caste in Indian Politics

Language Politics in India

Violence in Indian Politics

Agrarian Violence

Caste Violence

Left Extremist Violence

Violence Due to Language Problem

Communal Violence

Regionalism

Political Violence

Terrorism

Violence from the State and the Police

XXIV. Development Process and Foreign Policy 494

Main Plank of India's Foreign Policy

Non-Alignment

Disarmament

Anti-Imperialism and Anti-Racialism

Panchsheel

Support to the United Nations

The Gujral Doctrine

Development Process and Foreign Policy

India—A Nuclear Power

Index 509

14 15

I India on the Eve of Independence

15th August 1947 was a golden day in the history of India. It was, in the words of Dr Rajendra Prasad, a day of rejoice and deliverance, a day for which thousands, of people had gladly suffered; many sacrificed their lives, many braved the bullets and public caning, some exiled themselves to foreign lands and still many found themselves in prison. Tilak had roared, "Freedom is my birthright and I will have it". And now the time had arrived, when India was free from the British clutches. Nehru declared. "Long years ago we made a tryst with destiny, and now the time comes when we shall redeem our pledge not wholly or in full measure but very substantially". He further said, "At the stroke of midnight hour when the world sleeps, India will awaken to life and freedom. A moment comes which comes but rarely in history, when we step out from the old to the new, when an age ends, and when the soul of a nation, long suppressed, finds utterances."

British rule in India is said to have started in 1757 when Robert Clive of East India Company defeated Nawab Siraj-ud-daula of Bengal in the battle of Plassey. The British came in India as traders and eventually became the rulers of this country. As rulers they never forgot their basic objective in coming to India i.e. making more and more profits. Therefore, the British rule in India was oppressive and exploitative. From the weak, timid and decaying Mughal dynasty, they inherited an economically powerful but politically weak nation. When they left India, India was one of the poorest nations of world. In terms of time, they did not remain in India for very long, (just about 190 years) yet their pattern of exploitation was such that India became a country of poors. The Indian political leaders were aware of this painful situation and therefore during the freedom movement they had time and again stressed the need for rapid socio-economic transformation of Indian society.

Let us now examine the state of affairs in India polity, economy and society on the eve of Indian Independence.

Indian Polity in 1947

India inherited a fragmented political system where the national unity was not achieved. A variety of factors were responsible for political problems which were threatening the very existence of India as a nation. There were apprehensions that India would not remain one but would break up into many countries. The Indian communists, in particular, had developed a multi-national theory of India which meant India was composed of many nationalities who could form their own nation-states. On the basis of this theory, they had supported the creation of Pakistan. Nehru had expressed surprise at the "....attitude of the Indian communists who wanted to create a dozen or perhaps more divisions of India." Some of the aspects of Indian polity were as follows:

1. Law and Order Problem

British decision to grant independence on 15th August 1947 was a hasty decision. Further the independence was achieved at the cost of partition of the country into two countries—India and Pakistan. This partition was done on the basis of two-nation theory, which declared Hindus and Muslims as two nations and, therefore, entitled for two separate states. The Muslim majority areas in East and West were carved out of India to become an independent state of Pakistan. However in both states, there was a considerable number of Hindu and Muslim minorities. The sudden decision to grant freedom to India and Pakistan created panic among the minorities. The Hindus left their homes in Pakistan for India. Similarly, a considerable number of Muslims decided to move to Pakistan. There was no official arrangements for these migrations nor any planning on the part of the two governments. With the result the people were left to make their own arrangements for the purpose. The problem became more grave as the British decided to withdraw their troops from India. The Indian army was ill-equipped and ineffective in controlling the situation. The communal riots had already plagued the Indian sub-continent from 16 August 1946 with the Muslim League's call of direct action which rendered about 4000 people killed, 15,000 injured and 1,00,000 homeless. Very soon the entire Bengal was burning with communal frenzy. The trouble spread to Bihar, Bombay and UP. The early 1947 saw the breakdown of law and order in Punjab due to communal violence. On the mid-night of 15th August 1947, fresh riots broke out again in Amritsar in India and Lahore in Pakistan. Very soon the entire nation was affected.

More than a million were butchered in the partition that followed the Indian independence. The exact number of those killed still remains a mystery. History provides no similar instance of such a large quantity of migration in such a small time. About eleven and a half million were rendered refugees and came to India. They further aggravated the law and order situation, and the major task before free India was their swift rehabilitation.

By withdrawing the British troops, if the British intention was to exhibit to the world that only they could maintain law and order in the communally infected India, they had succeeded at least temporarily. The new rulers of India could not control the situation. The communally inclined police was hardly expected to do the same and the Indian army rendered ineffective in the face of swift developments that followed the partition.

In fact, law and order had completely collapsed in most of the parts of northern India. The authors of Freedom at Midnight have this to say about the plight of refuges coming from Pakistan: "The human debris left behind by those columns (of refugees) was terrible. The forty five miles of roadside from Lahore to Amritsar, along which so many passed, became a long, open graveyard. Before going down it, Capt. Atkins would always sprinkle a handkerchief with aftershave lotion and tie it around his face to temper the terrible smell. 'Each yard of the way', he remembered, 'there was a body, some butchered, some dead of cholera. The vultures had become so bloated by their feasts they could no longer fly, and the wild dogs so demanding in their taste they ate only the livers of the corpses littering the road." Within a month of India's independence even Delhi seemed to be out of control of the new rulers. Ultimately, under the leadership of Lord Mountbatten an emergency committee was formed which brought some semblance of law and order in the country.