Working Of The Constitution

Note: In Maharashtra 50% seats are reserved for women in local self-governing institutions.

Note: The Dowry Prohibition Act

Law has created a favourable environment for women to secure freedom and self-development.

Note: The essence of democracy is universal adult franchise.

True

Reason: Indian democracy is considered the largest democracy in the world because of political maturity. It’s the world’s second largest country in terms of population, people have direct representation in the legislative processes through regular elections and the right to adult suffrage.

False

Reason: Secrecy in the working of Government has decreased due to the Right to Information (Act 2005). Since 2000, the democratic reforms has been approached as ‘rights’ of citizen which has made governance more transparent and the government more accountable.

True.

Reason: The Constitution is seen as a living document owing to its dynamic nature. It has to change according to changing conditions of the society and the Parliament has been entrusted with that responsibility.

The constitution has made several provisions for the protection of minorities in the country. It prohibits discrimination on the basis of caste, religion, race, language and region. Comprehensive provisions in the Fundamental Rights protect their right to equality, right against exploitation, and their cultural and educational rights.

Policy of reservation of seats is meant for the weaker section of the society who have been deprived of equal opportunity to education and employment for years. The Constitution accordingly mandates reservation of seats for scheduled caste, scheduled tribes and other backward classes in educational institutions and government services.

Since independence, steps have been to address the issue of inadequate representation of women in political institutions. Under the 73^rd and 74^th amendment to the Constitution, 33% of seats in the local self- governing institutions are reserved for women. The representation of women in Lok Sabha has also seen a significant improvement with appointment of 12.15% women MPs in 2014 General elections.

Since 2000, the approach towards democratic reform has evolved to be right based. Democratic reforms are necessitated as the ‘rights’ of the citizen, instead of approached as a part of the Directive principle of State policy. Citizens can take the government to the court in case their ‘rights’ are not met and thus, this change in approach has strengthened our democracy and made the govt. more accountable to the public. People now have the Right to Information, Right to Food, Right to Education and thus are more participative in the democratic processes.

Right to information was enacted in 2005 to empower the citizen with vital information about the working and decision making process of the state. It makes the govt. more accountable and transparent, with increasing communication between the state and the citizen, hence building trust. It has reduced the element of secrecy in the working of government. The movement for RTI was first started in the state of Maharashtra in 2000 under the leadership of Anna Hazare. After the success of the state level efforts, the movement acquired national importance later in 2005.

The effects of reducing the voting age from 21 years to 18 years are:

1. Increased participation in the political processes. India has the largest number of voters compared to any other democratic country.

2. It encourages youth participation in public life, giving the younger generation an opportunity to be the change makers.

3. The change is not just quantitative but qualitative as well since new parties are emerging with the active support of the young voters.

4. It reflects the political maturity of India that empowers and actively working towards helping its citizens exercise their Right to vote.

5. Such provisions have made India the largest democracy in the world.

Social justice and equality are important objectives of our Constitutions. It means establishing and ensuring a fair environment for the growth of every individual without any form of discrimination. Various provisions have been made to establish social justice in our society, some of these are:

1. Policy of Reservation

Seats are reserved for the weaker section of the society to enable them equal and fair opportunities of education and government services.

2. Scheduled Castes and Tribes (Prevention of Atrocities) Act.

It prevents any act of injustice and atrocities committed against the people belonging to Scheduled Castes and Scheduled Tribes.

3. Provisions for Minority

There is a comprehensive provision in the Constitution that protects the fundamental rights of the minority to equality, freedom, education, right against exploitation and right to preserve their culture.

4. Laws for Women

Taking into account the problems of women, various policies have been formulated to remove illiteracy among women and avail them equal opportunity for their development. Right to have equal share in the property of their father and husband, Dowry Prohibition Act, Domestic Violence Prohibition Act etc. have been conceptualized to create a favourable environment for women.

The decision of the court in the cases of domestic violence, sexual harassment in work place etc. has resulted in protection of honour and dignity of women.

The most recent case in news had been the matter of Triple Talaq, where the practice was declared as unconstitutional as per the decision of the Supreme Court. It was an unfair practice subjected against Muslim women where divorce was pronounced with mere utterance of the word ‘Talaq’ trice on most trivial of issues with no formal legal proceedings, thus undermining various fundamental rights of women. It violated their dignity and fundamental right against discrimination on the basis of religion and gender.

Supreme Court as the apex judicial body is responsible for ensuring the preservation of the fundamental rights. Important judgments by the judiciary on various subjects have made the fundamental rights in the constitution more meaningful.

Under the provisions of the Act, Right to Information (RTI) is an act of the Parliament of India any citizen of India may ask for information from a "public authority" (a body of Government or "instrumentality of State") which is necessary to reply immediately or within thirty days.

The Right to information in India is governed by two major bodies:

• Central Information Commission (CIC)

• State Information Commissions

The information which can be collected are:

1) Information from a public authority

2) Inspection of work, records etc of public authority

3) Details related to members of parliament and members of legislative assembly.

The important feature of RTI is that it is applicable to Indian citizens, but not associations or companies.

(INFORMATION FROM THE INTERNET)

The Election Commission of India is an autonomous constitutional authority responsible for administering Union and State election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies in India, and the offices of the President and Vice President in the country.

A Constitutional Body

Election Commission of India is a permanent Constitutional Body. The Election Commission was established in accordance with the Constitution on 25th January 1950. The Commission celebrated its Golden Jubilee in 2001.

Originally the commission had only a Chief Election Commissioner. It currently consists of Chief Election Commissioner and two Election Commissioners.

For the first time, two additional Commissioners were appointed on 16th October 1989 but they had a very short tenure till 1st January 1990. Later, on 1st October 1993 two additional Election Commissioners were appointed. The concept of multi-member Commission has been in operation since then, with decision making power by majority vote.

Appointment & Tenure of Commissioners

The President appoints Chief Election Commissioner and Election Commissioners. They have a tenure of six years, or up to the age of 65 years, whichever is earlier. They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India. The Chief Election Commissioner can be removed from office only through impeachment by Parliament.

Transaction of Business

The Commission transacts its business by holding regular meetings and also by circulation of papers. All Election Commissioners have equal say in the decision making of the Commission. The Commission, from time to time, delegates some of its executive functions to its officers in its Secretariat.

The Setup

The Commission has a separate Secretariat at New Delhi, consisting of about 300 officials, in a hierarchical set up.

Budget & Expenditure

The Secretariat of the Commission has an independent budget, which is finalized directly in consultation between the Commission and the Finance Ministry of the Union Government. The latter generally accepts the recommendations of the Commission for its budgets. The major expenditure on the actual conduct of elections is, however, reflected in the budgets of the concerned constituent units of the Union - States and Union Territories.

Political Parties & the Commission

Political parties are registered with the Election Commission under the law. The Commission ensures inner-party democracy in their functioning by insisting upon them to hold their organizational elections at periodic intervals.

Advisory Jurisdiction & Quasi-Judicial Functions

Under the Constitution, the Commission also has advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures

Judicial Review

The decisions of the Commission can be challenged in the High Court and the Supreme Court of India by appropriate petitions. By long-standing convention and several judicial pronouncements, once the actual process of elections has started, the judiciary does not intervene in the actual conduct of the polls.

Media Policy

The Commission has a comprehensive policy for the media. It holds regular briefings for the mass media-print and electronic, on a regular basis, at close intervals during the election period and on specific occasions as necessary on other occasions.

Voter Education

Voters’ Participation in the democratic and electoral processes is integral to the successful running of any democracy and the very basis of wholesome democratic elections. Recognizing this, Election Commission of India, in 2009, formally adopted Voter Education and Electoral participation as an integral part of its election management.

International Co-operation

India is a founding member of the International Institute for Democracy and Electoral Assistance (IDEA), Stockholm, Sweden. In the recent past, the Commission has expanded international contacts by way of sharing of experience and expertise in the areas of Electoral Management and Administration, Electoral Laws, and Reforms.

SYSTEM OF ELECTION

Elections to the Lok Sabha and each Vidhan Sabha are carried out using a first-past-the-post electoral system. For each constituency, the electors can cast their vote for a single candidate (of their choice), the winner being the candidate who gets the most votes.

PARLIAMENT

The Parliament of the Union consists of the President, the Lok Sabha (House of the People) and the Rajya Sabha (The Council of States).

PRESIDENT AND VICE-PRESIDENT

The President is elected by the elected members of the Vidhan Sabhas, Lok Sabha, and Rajya Sabha and serves for a period of 5 years. A formula, linked to the population of the state, determines the value of a vote for each elected member of Parliament- both of the Lok Sabha and the Rajya Sabha and is determined by a formula linked to the total value of votes of all the members of all the legislative assemblies.

INDEPENDENT ELECTION COMMISSION

The Election Commission of India is an independent Constitutional Authority since 25th January 1950. The Constitution provides for Chief Election Commissioner and one or more Election Commissioners to be appointed. The Commission consisted of Chief Election Commissioner till 1989, when for the first time two Election Commissioners were appointed. Currently, the Commission has a Chief Election Commissioner and two Commissioners. Chief Election Commissioner and the Election Commissioners enjoy the status of a Judge of the Supreme Court of India.

WHO CAN VOTE?

The democratic system in India is based on the principle of universal adult suffrage; that any citizen over the age of 18 can vote in an election (before 1989 the age limit was 21). The right to vote is irrespective of caste, creed, religion or gender. Those who are deemed unsound of mind and people convicted of certain criminal offenses are not allowed to vote. There has been a general increase in the number of people voting in an Indian election. In 1996, 57.4% of the electorate voted. This increased to 66 % in the General Election held in 2014. Women voted in good numbers and almost in equal proportion as men.

THE ELECTORAL ROLL

The electoral roll of a constituency is a list of all those people in that constituency who are registered to vote in the elections. Only those people whose names are there in the electoral rolls are allowed to vote as ‘electors’. The electoral roll is normally revised every year to add the names of those who are not less than 18 on a qualifying date years as on the first day of January of that year, or have moved into the constituency, and to remove the names of those who have died or moved out of the constituency.

COMPUTERISATION OF ROLLS

The Election Commission has undertaken the computerisation of all electoral rolls throughout India, which has lead to improvements in the accuracy and speed with which the electoral roll can be updated.

ELECTORS' PHOTO IDENTITY CARDS

The Electoral Photo Identity Card (EPIC) is an identity document issued by the electoral registration officer. The EPIC contains details of the elector like name, father’s/mother’s/husband’s name, date of birth/ age on the qualifying date, sex, address, and most importantly, the photograph of the elector. EPIC is a permanent document for an elector.

THE DETAILS AVAILABLE IN THE WEBSITE INCLUDES:

1) Scheduling of election

2) Deployment of polling personnel

3) Who can stand for election

4) Nomination & campaign

5) The model code of conduct

6) Limit on poll expenses

7) Ballot papers & symbols

8) Electronic voting machine

9) DISTRICT ELECTION PLAN

The MLA of our district is a woman. She has been in the socio-cultural activities in our region for the last fifteen years. She is vibrant and active. An interview with her was very insightful and motivating.

Q: Do you see women reservation as part of a greater change in the social system?

Ans. I judge the excellence and the ambiance of politics will improve if more women come in. After bearing in mind the structure work for 45 years, it is understandable that we are the weaker sex, whether we like it or not. We are barred from jobs, the economic mainstream, decision-making processes, heritage rights... Whether one is fighting for the Scheduled Castes, the Backward Classes, or the minorities.... the main group that is affected are women. And things have not changed since then. Unless we are assured an access point by law we will never be allowed to participate. I really consider that. Some women say that we should come into decision-making positions on our own stream, but how many have come so far? To all those who say that they will do it on their own, I would like to ask why is the number of seats occupied by women in the legislatures deteriorating?

Q: You have completed some individual efforts at getting many numbers of women party tickets. What have you found to be the barriers?

Ans. We have tried but we have been unproductive because we are neither in the collection panels nor are we represented in decision-making bodies. We give lists, we struggle, we counsel, but they don’t listen to us. The election commission will reserve 33 percent of the seats by ballot for women. These are reserved for women for two terms and are then rotated. In the interim, women can establish themselves and if they are popular they will be able to contest on their own worth as general candidates by the next elections. So each ward has a chance to throw up women. We can launch a deadline of 25 years, or five general elections, by which time the reservations for women could be remoted. If women do not have an entry tip, how will they ever get in?

Q: What is your individual stand on the subject of 33 percent reservation for women?

Ans. As a result of reservation, one million women have been elected to local bodies. In many states they have even surpassed the quota for example, in Karnataka, women constitute 47 percent of the elected panchayat members. Bengal has also been a triumph story, as have Maharashtra, Kerala and Tamil Nadu. We need reforms not just for women the whole system of selection of candidates needs to be renovated.

Q: How did this issue get included in your party’s manifesto?

Ans. We had argued for its early introduction so that negotiations and debate could be allowed. Finally, when it was introduced, those who had never spoken about reservation for Backward Classes suddenly become the champions of Backward Class reservations. Between 1991, when the Panchayath bill was introduced, until 1996 when this bill is on the edge of being introduced, these people did not coherent any of their concerns for the Backward Class men! The issue gains importance only now because women are about to gain seats.

Q: Do you think this is just party games or something else?

Ans. No, no, even women in our party stood up to oppose the bill. There is a lobby of self-interest amongst women as well. The matter is different among the patriarchal viewpoint. They ask; Once decisions are taken, why have a women’s meeting?

Q: What is the status now?

Ans. A Select Committee has been set up. I am not recommending anything. Based on the various Commission reports we made reservations on the services. Nobody had spoken about proviso for Backward Classes or others in Parliament or legislatures. Women cut across all sections and by giving reservations to them you will be serving women from all sections to come forward. There are presently no reserved constituencies for the Backward Classes and minorities, so why should this issue get tied up with a reservation for women?

The interview session was so encouraging, and the MLA winded up the conversation by laying high remarks about the future of the whole society.

Women reservation is not because women are weaker section. The important reasons for it are:

1. Women are denied opportunities in many fields and especially in politics.

2. Reservation helps to sustain the possibility of women participation in politics

3. The reservation also ensures the representation of women’s voice in social and political issues.

4. Women empowerment can be made possible.

Although women are nearly half the population, they comprise merely 11.6% of the 542-member Lok Sabha and 11% of the 245-member Rajya Sabha.

Weaker sections in society are marginalized in many ways. The weaker section refers to that group of people who are denied social and cultural opportunities. Their backwardness can be because of economic and caste status. Scheduled caste and scheduled tribes are included here. The Constitution (Art. 46) presents that the state shall promote with special care the educational and economic interests of the weaker sections of the people, mainly of Scheduled Castes and the Scheduled Tribes. The reasons for reservation are:

1) The existing social and economic inequalities

2) The weaker sections of the society, like STs, SCs and Dalits have been the victims of exploitation and harassment.

3) Empowerment of the weaker sections in the society is possible only through the reservation.

4) The weak persons always deserve some extra care.

5) The finest way of protecting their interest is to provide them with some facilities in the way of reservations.

The Election Commission of India is an independent constitutional authority accountable for administering election processes in India.

1) To act in an appropriate manner with the enacted laws of the democratic country.

2) To make sufficient provisions to deal with a given situation in the conduct of an election.

3) To solve all the disputes during the elections.

4) Make sure whether the elections are free and fair.

5) Handle overall elections in India.

The 11th Schedule of the Indian Constitution was added in 1992 by the 73rd Constitution Amendment Act. This schedule contains 29 subjects. Twelfth Schedule was added by the 74th Amendment Act of 1992.

The reasons for adding the schedules are:

1. Introducing Rural Local Self Government and Urban Local Self Government.

2. Democratic Decentralisation

3. Chance for citizens to get involved directly in their own governance.

By definition, ‘rights are entitlements that belong to all human beings regardless of race, ethnicity, or socio-economic class.’

Rights-based approach means that :

• Individuals and communities have to know their rights.

• They should be fully supported to contribute to the development of policy and practices which affect their lives and to assert rights where necessary.

Influence of rights-based approach on government-citizen relations:

1. To achieve a positive transformation of power relations

2. Strengthen the capacity of duty bearers (providers like obliged institutions) and empower the rights holders (receivers- example: citizens)

3. Helps in documenting human rights violations on the civil and political level

4. Lead to sustained responsibilities, duties, transparency, trust, and accountability

Article 23 and Article 6 of Indian constitution recognise the right to work in the employment of one’s choice and the State’s responsibility to safeguard this right. The right to employment is included in Part IV (Directive Principles of State Policy) of the Constitution under Article 41

However, the Indian Constitution does not clearly identify the ‘right to work’ as a fundamental right. The Judicial interpretation of the constitutional articles says that ‘right to work’ is a fundamental one.

The citizens of India can have the right to employment under these circumstances:

1. The State is capable to provide adequate means of livelihood to all citizens

2. The opportunities to work to the citizens are executed affirmatively.

Otherwise, no person can bring a claim to the State for not providing him with a job.

At present, a person can challenge the deprivation of the ‘right to life’ conferred by Article 21 and not the right to work.

If everyone gets the right to shelter, Indian democracy would be absolute in all means. By definition, ‘democracy is a form of government in which the common people hold political power and can rule either directly or through elected representatives’.

• PRINCIPLE 1: POPULAR SOVEREIGNTY.

• PRINCIPLE 2: LIMITED GOVERNMENT.

• PRINCIPLE 3: SEPARATION OF POWERS.

• PRINCIPLE 4: CHECKS AND BALANCES.

• PRINCIPLE 5: JUDICIAL REVIEW.

• PRINCIPLE 6: FEDERALISM.

• PRINCIPLE 7: REPUBLICANISM

In reality, there are confusions in the right to shelter in the Indian constitution.

The Supreme Court has explained the meaning of life under Article 21 of the Constitution to include within its range, the right to shelter. The court elaborates it in 3 ways:

1. The right to shelter and residential facilities

2. Differentiating between mere animal-like existence and a decent human existence

3. Bringing out the need for a respectable life.

Right to own property or real estate was our original Fundamental Right given by The Constitution of India till 1975 emergency time. Later this Right was taken back by Government. Article 300A explains the Right to own a property as a Constitutional Right.

Most, unfortunately, government after government no budgetary portions to shelter needs to be provided. But unlucky Indian citizens are still living in unhygienic conditions in slums and villages where even drinking water or power is unreached.

The scheduled castes and the scheduled tribes (prevention of atrocities), act, 1989 is an act to prevent the commission of offenses of atrocities against the members of the scheduled castes and the scheduled tribes.

Atrocity is “an expression commonly used to refer to crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs) in India”

The other names of this act are:

1. SC/ST Act,

2. POA,

3. the Prevention of Atrocities Act,

4. Atrocities Act.

The provisions of the act are divided as:

The Act and Rules are an effective mechanism and exactness instruments that can be used with the Right To Information (RTI) Act 2005 to encourage the state to hold the compulsory meetings and implement fulfillment.

• 1977

• 2014

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RIGHTS OF CHILDREN

• Right to Survival – to life, health, nutrition, name, nationality.

• Right to Development – to education, care, leisure, recreation, cultural activities.

• Right to Protection – from exploitation, abuse, neglect.

• Right to Participation – to expression, information, thought, religion.

2) PROTECTION OF HUMAN RIGHTS

• Article 1: Innate freedom and equality.

• Article 2: Ban on discrimination.

• Article 3: Right to life.

• Article 4: Ban on slavery.

• Article 5: Ban on torture.

• Article 6: Right to recognition as a person before the law.

• Article 7: Equality before the law.

3) PROTECTION OF THE HONOUR AND DIGNITY OF WOMEN

1) The Prohibition of Child Marriage Act, 2006

2) Special Marriage Act, 1954

3) Dowry Prohibition Act, 1961

4) Indian Divorce Act, 1969

5) Maternity Benefit Act,1861

6) Medical Termination of Pregnancy Act,1971

7) Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

8) Indecent Representation of Women(Prevention) Act,1986

9) National Commission for Women Act, 1990

10) Equal Remuneration Act, 1976

4) INDIVIDUAL FREEDOM

• Right to Life

• Right to Family Life

• Right to Education

• Right to Personal Freedom

• Right to Religious Freedom

• Right to Freedom of Thought and Expression

• Right to Freedom of Movement

• Freedom of Press

• Right to Equality

• Right to Justice

• Freedom to Form Associations

• Right to Cultural Freedom

• Right to Contract

5) TRIBAL EMPOWERMENT

• Art. 15(4):- Special provisions for advancement of other backward classes (it includes STs)

• Art. 29:- Protection of Interests of Minorities (it includes STs)

• Art. 46:-The State shall promote, with special care, the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes, and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation

• Art. 350:- Right to conserve distinct Language, Script or Culture

• Art. 350:- Instruction in Mother Tongue

• Art. 23:- Prohibition of traffic in human beings and beggar and another similar form of forced labor

• Art. 24:- Forbidding Child Labour.