General Studies – Daily Answer Writing Challenge

 

1. Analyze the main features of the system introduced by the government of India act 1919. (300 Words)
2. (a). The government of India Act 1935 went another step forward in perpetuating the communal     cleavage between the Muslim and the non-Muslim communities. Comment. (200 Words)
(b)  What is diarchy? Examine its status under the Government of India act 1919 and 193   (200 Words)
3. What purposes does the Preamble to the Indian Constitution serve? Examine. (300 Words)       
4. “An absolute balance of powers between the different organs of government is an impracticable thing.” Critically analyze (300 Words)


5. The Indian Constitution is more flexible than rigid. Discuss.(300 Words)

Tomorrow’s Topics

Indian Economy – Planning, Resource Mobilization

 


114 Responses

  1. Dev says:

    Analyze the main features of the system introduced by the government of India act 1919. (300 Words)

    • N Manjula says:

      GOI act 1919 is called Montagu-Chelmsford reforms aimed at gradual induction of ‘responsible government’ in India.However it was seen as a betrayal of war support given by Indians & did not satisfy our political demands.

      It called for increased association of Indians with every branch of administration and gradual development of self governing institutions leading to ‘responsible govt’ that is integral part of British empire.The main features of the act are:

      1.It relaxed central control over provinces by demarcating & separating central and provincial subjects.the central & provincial legislatures were authorised to make their own laws on respective subjects.How ever the govt. largely remained centralized.
      2.It further divided provincial subjects into ‘reserved’ & ‘transferred’.the former administered by governor and his executive council,without being responsible to legislative council and subjects include law & order, communication,foreign affairs,defense etc.,While the latter include nation building activities like agriculture,health,education,supervision of local govts,administered by governor &ministers responsible to legislative council.This dual form of governance called DYARCHY. However it was largely unsuccessful.
      3.Three of 6 members of viceroys executive council are Indians.
      4.It introduced for first time direct elections & bicameral legislature(upper house& lower house),majority memebers elected directly.Limited franchise extended on basis of property,tax,education.
      5.It separated provincial budgets from central budget and authorized provincial legislatures to enact their own budgets.
      6.Extended communal representation to sikhs,anglo indians,Indian christians& europeans.Thus it always tried to divide indian society on communal & racial lines.
      7.A new office of High commissioner of India in london was created and transferred some of secretary of state performed subjects to him.
      8.It provided for establishment of central Public service commission for recriuting civil servants.It was established in 1926 and very restrictive to indians due to harsher reqirements like low age limit,mandatory french language,exams in london etc.only few elite,educated indians could enter and they inturn has to wait years for posting.
      9.it provided for statutory commission for reviewing the working of act after 10 years.

      Later to dilute provisions ‘Rowlatt act’restricting freedom of press and individuals enacted.Protests indians of all sections erupted,Jinnah of legislative council resigned as a protest.

      Thus the act tried to engage Indians in general administration,it was heavily guarded and halfhearted in spirit of granting self government status.

      • Oldton says:

        good one…but point 3 nd 5 should have included the actual implementations..i think show may be i m wrong

      • communication ,external affairs,defence were union list subjects ..not in provincial (reserved ) subjects…………plzz correct me if m wrong…..

      • IAS says:

        Manjula
        If Later to dilute… paragraph is replaced with “Later to suppress the voices against the reforms Govt enacted Rowlett act.This act curbed the bedrock of British .i.e habeus Corpus. I feel it will be very nice.It is just an advice.
        And also Rowlett acts purpose was to curb the voices against reforms.I feel its purpose is not to dilute.
        But your answer is well written.
        Also be specific in point 4:please mention bicameralism was introduced in the Central.
        And one imp point u can add is that Women were given right to vote.
        Please correct me if I am wrong.

    • Arun says:

      Analyze the main features of the system introduced by the government of India act 1919
      The gov of India Act 1919 or the Montego-Chemsford reform 1919 was introduced to appease Moderates in Congress and Muslims who were not satisfied with the provisions of the Minto-Morley Reforms 1909.
      The key provisions of govt of India act 1919 are
      1.Introduction of dyarchy in provinces:The subjects of administration in provinces were categorized as reserved and transfered with the reserved being administered by Governor General in Counsil along with Executive counsil while the transfered subjects were delegated to provinces.With the intoduction of dyarchy the Congress demand for provincial autonomy met only partial sucseess.
      Important subjects were still under the control of Governor General while transfered subjects include trivial affairs like irrigation agriculture.Since the finance dept was a reserved subject the decision aking power for provinces even on transfered subjects were subjected to financial approval by Executive Counsil
      Administration in provinces were made difficult because the civil servants were responsible for Secratary of States and not to ministers
      2.Provincial legislature was allowed to legislate on certain subjects.This also had obvious limitations like
      a.Governor General has overriding power in all matters.
      b.Prior permission of Governor General is required to introduce bill on certain subjects.
      c. All bills require the approval of Governor General to be deemed to have passed
      3.Though Central Legislature Counsil was empowered to legislate for whole of India the ultimate power was vested with the Governor General.There wasn’t any responsible government at centre
      4.The voting rights were heavily limited.Only the high class were entitled to vote.This obviously gave way for a ministry which had little concern for the majority.Women were not entitled to vote
      5.Bicameral legislature was intoduced at the centre with an increase in number of elected members.But Despite heavy critcism from nationalists regarding communal representation in 1909 act,communal representation was enlarged to include Muslims ,Sikhs and Anglo Indians.This further increased the communal gap prevailing and was part of the divide and rule strategy followed by the Brithish
      Though the act of 1919 was a step forward towards attaining self independence it suffered from large number of limitations .It failed to cater Indian aspirations of a responsible self government.

      The gov of India Act 1919 or the Montego-Chemsford reform 1919 was introduced to appease Moderates in Congress and Muslims who were not satisfied with act of 1909 The key provisions of govt of India act 1919 are
      1.Introduction of dyarchy in provinces:The subjects of administration in provinces were categorized as reserved and transfered with the reserved being administered by Governor General in Council along with Executive council while the transfered subjects were delegated to provinces.With the intoduction of dyarchy the Congress demand for provincial autonomy met only partial sucseess.
      Important subjects were still under the control of Governor General while transfered subjects include trivial affairs like irrigation agriculture.Since the finance dept was a reserved subject the decision aking power for provinces even on transfered subjects were subjected to financial approval by Executive Counsil
      Administration in provinces were made difficult because the civil servants were responsible for Secratary of States and not to ministers
      2.Provincial legislature was allowed to legislate on certain subjects.This also had obvious limitations like
      a.Governor General has overriding power in all matters.
      b.Prior permission of Governor General is required to introduce bill on certain subjects.
      c. All bills require the approval of Governor General to be deemed to have passed
      3.Though Central Legislature Counsil was empowered to legislate for whole of India the ultimate power was vested with the Governor General.There wasn’t any responsible government at centre
      4.The voting rights were heavily limited.Only the high class were entitled to vote.This obviously gave way for a ministry which had little concern for the majority.Women were not entitled to vote
      5.Bicameral legislature was intoduced at the centre with an increase in number of elected members.But Despite heavy critcism from nationalists regarding communal representation in 1909 act,communal representation was enlarged to include Muslims ,Sikhs and Anglo Indians.This further increased the communal gap prevailing and was part of the divide and rule strategy followed by the Brithish
      Though the act of 1919 was a step forward towards attaining self independence it suffered from large number of limitations .It failed to cater Indian aspirations of a responsible self government.

    • Sanjhi says:

      The Government of India Act, 1919 also known as Montagu-Chelmsford reforms, attempted to gradually introduce a system of responsible government in India.

      In this light, the main features of the Act are as follows:
      - demarcation of central and provincial subjects. Centre and the Provinces could now legislate on their respective subjects.
      - Introduction of dyarchy at the provincial level. In this system, subjects were divided into trasnferred and reserved. Transferred subjects were to be administered by the governor with aid of ministers responsible to the legislative council. Reserved subjects were to be administered by the governor along with the Executive Council not responsible to the legislative council. The system of dyarchy failed to function in the long run and was ultimately scrapped in the Government of India Act, 1935.
      - bicameralism was introduced and the Legislative Council was divided into Upper House and Lower House.

      Positive features: Certain features like half of the 6-member Executive Council of the Viceroy to be composed of Indians, establishment of Central Public Services Commission for recruitment to civil services and establishment of a commission 10 years after the Act came into force to evaluate its functioning were the positive part of the Act. Further, franchise was extended to a part of the population based on property, tax and education and direct elections were introduced. Provision was made of separate budget for the provinces apart from the Centre.

      Negative features: The 1919 Act continued some negative aspects such as extension of separate electorates to Sikhs, Indian Christians, Anglo Indians and Europeans. This feature had a tendency to further divide Indian population on racial and communal lines. Further, a High Commission for India was established in London and certain matters under Secretary of State were transferred to it.

      Overall, the administration continued to remain centralized and unitary despite introduction of separation of subjects. The legislature, though to be popularly elected, did not have real powers as the Viceroy could certify any decision rejected by the legislature. Moreover, the Viceroy or the Governor was not responsible to the legislative council but to the British Parliament in England. Thus, a system of power without accountability marked the 1919 Act.

    • The Government of India Act 1919 or the Montagu-Chelmsford Act was enacted to give effect to the August Declaration in 1918 that promised gradual development of responsible government in India in response to the home rule movement.
      The main features of the act were:
      - Dyarchy in provinces. The administration subjects were divided into Provincial and Central Subjects. The provincial subjects where further divided into ‘transferred’ and ‘reserved’ subjects. The Governor assisted by the legislative assembly with Indian representation had the transferred subjects under them.
      - Relaxation of central control over the provinces by having provincial subjects
      - Making the Central Legislative Council more representative by extending size.
      The above act failed to satisfy the Indian aspirations because of many features which effectively amounted to virtual absence of popular control
      1. the dyarchy system was faulty because ministers couldn’t implement policies for the lack of funds as ‘finance’ was a reserved subject. also the ICS officers were not responsible to them. the veto power that governor enjoyed proved to be a fetter.
      2. Central control was still existing. It must be noted that though there was a distribution of powers the arrangement was not federal. the powers were merely delegated by the centre to the state.
      Hence effectively the control was still unitary and centralized with the governor general in control.
      The dissatisfaction of Indians with the act along with other factors eventually led to the Non Cooperation Movement within a short period of time since its passing.

    • उत्तर १
      भारत शासन अधिनियम १९१९ भारतीयों की प्रशासन में भागीदारी बढाने की मांग व १९१७ की मोंटेग्यू घोषणा के परिणामस्वरूप अस्तित्व में आया. इस अधिनियम के तहत भारत को अधिक उत्तरदायी शासन प्रदान करने का दावा किया गया. इस दावे की परीक्षा इसके प्रावधानों के आलोक में ही की जा सकती है.
      भारत शासन अधिनियम १९१९ के तहत केंद्रीय विधानमंडल को द्विसदनीय बना दिया गया. ऊपरी सदन राज्य परिषद् था जो ५ वर्ष के लिए होता था. इसके सदस्यों की संख्या ६० थी जिनमे ३४ निर्वाचित व २६ मनोनीत होते थे. निम्न सदन विधानसभा था. इसके १४५ सदस्यों में से १०४ निर्वाचित व ४१ मनोनीत थे. ध्यातव्य है की इस अधिनियम द्वारा निर्वाचन के सिद्धांत को प्रत्यक्ष रूप से अपनाया गया किन्तु सच्चाई यह है की मताधिकार अत्यंत सीमित रखा गया था. मताधिकार को अधिक संपत्ति, आय कर, भूमि कर इत्यादि से जोड़कर इसे सीमित कर दिया गया. इस प्रकार वयस्क मताधिकार के अभाव में निर्वाचन प्रणाली अधिक कारगर नहीं हो सकती थी.
      इस अधिनियम का सर्वाधिक दिलचस्प प्रावधान द्वेध शासन (diarchy) था. इसके तहत प्रान्तों में सरकारी विषयों को हस्तांतरित व आरक्षित में विभाजित कर दिया गया. आरक्षित विषयों का शासन गवर्नर मनोनीत पार्षदों की सहायता से चलता था और हस्तांतरित विषयों का प्रशासन निर्वाचित सदस्यों की सहायता से चलाया जाता था. कृषि, स्वायत्त शासन , स्वास्थ्य एवं शिक्षा जैसे विषय हस्तांतरित में शामिल थे. मनोनीत पार्षद विधानमंडल के प्रति उत्तरदायी न होकर गवर्नर के प्रति उत्तरदायी थे यह उत्तरदायी सरकार की सबसे बड़ी कमजोरी थी. साथ ही विषयों के विभाजन में अस्पष्टता बनी रही. कृषि अगर हस्तांतरित विषय था तो सिंचाई सुरक्षित. अतः कार्यों के संपादन में हमेशा बाधा बनी रहती थी.
      सांप्रदायिक निर्वाचन को सिक्खों. एंग्लो-भारतीयों, यूरोपियन आदि तक विस्त्रित कर दिया गया. जिसने साम्प्रदायिकता की खायी को और अधिक गहरा कर दिया.
      ध्यातव्य है की यह अधिनियम अंग्रेजी सरकार द्वारा उत्तरदायी शासन की स्थापना के उद्देश्य से नहीं बल्कि नौकरशाही की स्थिति अधिक सुदृढ़ करने व मुसलामानों और संयत मार्गी लोगों को अपने साथ मिलाने के लिए लाया गया था. अतः यह भारतीयों की आकांक्षाओं को पूरा न कर सका और विफल रहा.

    • Nishant says:

      The Government of India Act 1919 was passed on the basis of recommendations of Montague and Chemsford to introduce self-governing institutions gradually to India. Salient features of the act were-

      Preamble: The act had a separate preamble. It declared the objective of introducing responsible government in India. Preamble suggested a decentralized unitary form of government.
      Responsible Government: The Act introduced an elected cabinet at provincial level. The members of which were to be elected by qualified voters.
      Division of Power: The administrative subjects were divided in two lists: Central and Provincial. The governments at centre and province were empowered to make laws related to their list exclusively.
      Diarchy: The most important feature of the act was introduction of diarchy at provinces. The provincial subjects were further divided into two parts- Reserved and transferred. The reserved subjects were kept with Governor and transferred subjects with Indian ministers. The reserved subjects were essential areas of law enforcement like justice, police and revenue. The transferred subjects were such as health, education, agriculture. Thus a dual set of government one (Indian ministers) being accountable and other (Governor) being not was established.
      Bicameral Legislature: First time bicameral legislature was established at centre. The lower house was Legislative Assembly which constituted 144 members. The upper house was Council of States. Both the houses had majority of elected members.
      Veto Power to Viceroy: Viceroy had the supreme power regarding central law. He can veto any decision of legislature. He could enact a law which he considered to be essential for stability and tranquillity of empire.
      The Act established Public Service Commission of India.

      Despite of several limitations, GOI Act 1919 had some merits. It first time introduced responsible government and federalism in India. First time elections to legislature were known to Indians and this created political awareness among the masses.

      310 Words, Please review !

    • NEHA 126 says:

      Ans- The Government of India(GoI) Act 1919 was passed by the British Parliament in order to ensure the participation of natives in the GoI. The secretary of state for India, Sir Edwin Montagu and the viceroy Lord Chelmsford jointly prepared a report which served as the basis for creation of the legislation, GoI Act 1919. Thus this Act is also known as Montagu-Chelmsford reforms. This Act covered 10 years from 1919 to 1929.

      Main features of the Act-:
      * The GoI Act 1919 had a separate Preamble which declared the objective of the British Government which was gradual introduction of responsible government in India.
      *This Act suggested for a decentralised unitary form of government
      It made a provision for classification of the central and provincial
      subjects.
      * The provincial subjects were divided into two groups ie reserved
      and transferred. The reserved subjects were kept with the
      governor without being responsible to the legislative council
      whereas transferred subjects were to be administered by the
      governor being responsible to the council. This dual scheme of
      government was known as ‘Diarchy’.
      *This act made central legislature bicameral composed of a
      legislative assembly and council of states and introduced direct
      elections in the country for the first time.
      *The communal representation was extended and Sikhs, Europeans and Anglo-Indians were included but the franchise (right to vote) was granted to few based on property, tax or education.
      *This act provided for the establishment of Public Service Commision in India for the first time.
      * This act also made a provision in its part v to set up a statutary commission to inquire into the working of government after 10 years of its coming into force.
      Thus the GoI Act 1919 provided for partial transfer of power to the electorates through the system of Dyarchy and giving voting rights to few. But the growing nationalism was not satisfied.

      This Act despite of several limitations had some merits too. It marked the end of the policy of benevolent despotism and began the genesis of the responsible government in India. It was GoI Act 1919 whereby the Indians came in direct contact with administration for the first time and got to know the elections to legislature. All these added fuel to the political conciousness and growing nationalism in the country helping it walk one step ahead towards self rule.

      • NEHA 126 says:

        Please review my answer…

        • IAS says:

          Neha

          Gud one..
          But,Governor was not responsible to Legislature infact wr t to transferred subjects governor executed his powers with the aid and advice of the minister.These ministers were responsible to the legislature.
          Correct me if I am wrong.

          • NEHA 126 says:

            Yes you are absolutely right friend….actually after I posted my answer then realised that by mistake I wrote that statement..I will try not to commit such mistakes next time…..thanks for pointing it out and keep reviewing….:)

    • The preamble of the Indian constitution acta an introduction to the constitution. It provides a summary to the underlying principles enshrined in the constitution.

      it iterates the basic constitutional philosphy on which the administration of this country is required to run.

      By intoducing the concepts of Liberty, equality, Justice and fraternity, the preamble has provided a ‘ statement of purpose’ by the government to its citizens.
      The preamble not only is essential for the people but also for the government is it gives them the principles on which the state policy is to be developed
      for example: by soverignity it has made people of this country the ultimate masters and has defined the administrative philosphy of the govt. Similarly, by stating socialist principle it has defined the economic policy of the government, Also by secularism it has advocated the governance policy and by democracy, its political policy.

      The principles of preamble find their use in thr DPSP of part IV of the constitution. Though the government has no legal obligation to implement these but it does have moral obligation.
      Thus, the preamble is the telescope through which an average Indian citizen views the government.

  2. Dev says:

    (a). The government of India Act 1935 went another step forward in perpetuating the communal cleavage between the Muslim and the non-Muslim communities. Comment. (200 Words)

    • Sanjhi says:

      I could not find answer to this question. Please help.

    • Dev says:

      GOI Act 1919 provided for separate electorates for muslims but government of India Act 1935 went another step forward in perpetuating the communal cleavage between the Muslim and the non-Muslim communities based on ‘Communal Award’.
      Communal award,prescribing separate electorates, was issues by British PM Ramsay Macdonald on the ground that 2 major communities,Hindu and muslims, have failed to reach an agreement.
      It prescribed for the separate electorates not only for muslims but also for lower castes,europeans,Sikhs,Indian Christians and anglo indians,Buddhists ,Untouchables.
      Though an agreement was reached to include untouchables under Hindu electorates with some preference for them,It created big problem in creation of national unity and national building .
      SInce it created groups even among hindus , our constitution makers found very difficlut till very end to overcome this issue and create a sense of ‘Nation First’.

    • उत्तर २ (अ)
      भारत शासन अधिनियम १९३५ १९१९ के अधिनियम की विफलता, भारतोयों के असंतोष, साइमन कमीशन, नेहरु रिपोर्ट, गोलमेज कांफ्रेंस, मेक्डोनाल्ड का १९३२ का सांप्रदायिक पंचाट आदि का परिणाम था. अंग्रेजी सरकार द्वारा सांप्रदायिक निर्वाचन को सेद्धान्तिक रूप से अस्वीकार करने के बावजूद भी इस अधिनियम में सांप्रदायिक निर्वाचन को अधिक विस्तृत कर दिया गया . अब इसे मुसलमानों के अलावा सिक्खों, ईसाईयों, आंग्ला-भारतीयों, यूरोपियों, भारतीय ईसाईयों तथा अन्य वर्गों जैसे श्रमिकों, भूमिपतियों, वाणिज्य, उद्योग आदि तक बाधा दिया गया.
      इस सम्बन्ध में हद तो तब हो गयी जब अनुसूचित जातियों को भी पृथक निर्वाचन दिया गया. हालाँकि गांधीजी के आमरण अनशन करने पर पूना समझौते द्वारा इसमें परिवर्तन लाया गया और साधारण के अंतर्गत ही अनुसूचितों को भी आरक्षण दिया गया.
      इस दृष्टी से भारत शासन अधिनियम के द्वारा न केवल मुस्लिमों को गैर-मुस्लिमों से पृथक करने की नीति अपनाई गयी बल्कि गैर-मुस्लिमों को भी सांप्रदायिक आधार पर अनेक वर्गों में बाँट दिया गया. इस प्रकार यह साम्प्रदायिकता के मामले में १९१९ के अधिनियम से एक कदम आगे ही था. साम्प्रदायिकता की इस नीति की परिणति आखिरकार देश के दुखद विभाजन के रूप में हुयी.

      • basant says:

        Hi pavitra,
        You always write extremely good. Though I am an english medium student but I have chosen Hindi lit. as optional because I found myself very comfortable in that. I want your suggetions regarding that because being a working prof I cant give much time to study and I have heard that hindi syllabus is very small and can be finish withi 3 months even with GS. So what are my chances?

    • NEHA 126 says:

      The failure of 3rd round table conference, rejection of simon commission and white paper were some of the leading factors which made British Parliament to appoint Joint Select Committee to come up with an Act named Government of India(GoI ) Act 1935.

      This Act came up with several new reforms like the provincial autonomy and federalism but the most grievious was the extension of communal representation. The British Prime Minister Ramsay Macdonald announced communal award in 1932 which stated the separate representation for the Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans etc and depressed classes (dalits). This meant that the voters belonging to these categories had to be given rights and freedom to elect the representatives of their religion and thus communities. This was nothing but the politics based on communalism.
      Later on with oppose of Gandhiji and subsequently coming of Poona pact into focus, it was confirmed that none among the Hindus shall be regarded as untouchables and will have same rights in social institutions as the other Hindus have. Thus the Poona Pact was highlighted as a victory for the depressed classes and the same was highlighted by the GoI Act 1935 which extended the communal representation of these groups by providing them separate electorates.
      This politics of communalism whose base was strengthened by GoI act 1935 led to the calamitous partition of India and Pakistan. The process of alienating these communities continued till date. Hence we can say that GoI Act 1935 was a sugar coated quinine as apparent from the very beginning and went another step forwardin perpetuating communal cleavage between Muslim and Non muslim communities

    • Mendax says:

      The communal cleavage between Muslim and Hindus were started right from Govt. of India Act, 1909 which provided separate electorate even though opposed by many Congress leaders. The GOI Act, 1919 which although opposed separate electorate, didn’t restricted the provision and provided for its extension. These Acts had already advanced communal tendency between Hindus and Muslims which resulted into several communal clashes and helped Britishers to consolidate their rule.
      The GOI Act 1935 went another step forward in perpetuating the communal cleavage between Muslims and non- muslim communities by prescribing separate electorate on the basis of communal award by Ramsay Macdonald. It provided for separate electorate not only for Muslims but also for Sikhs, the Europeans, Indian Christians and Anglo- Indians and thus created obstruction to the national unity which the makers of the future Constitution found it almost insurmountable to overcome even after Muslim had partitioned for separate state.

    • Geet says:

      British Governments’s Divide and rule policy started separating indians on the basis of religions and communities with each successive act.Initial mere difference of opinions between Hindu and Muslims turned into rivalry with Government of India Act 1909 as it provided separate electorates on a communal and sectional basis.System of communal representation of Muslims elected only by Muslim voters showed act as legalised communalism.
      The Govt of India Act 1919 extended the principle of communal representation by providing separate electorates for Sikhs,Indian christians,Anglo-indians and Europeans.
      Next step by taking reference from Ramsay Macdonald’s communal Award .Govt Of India Act 1935 further extended the principle of communal representation to depressed class(scheduled caste),women and labour.
      GOI Act 1935 posseses some special objectives of British government as,federal part of act was designed to meet aims of conservative party,dominated by alliance of Hindu princes and right wing hindus. On the other hand this act win Muslims support by conceding most of Jinnah’s Fourteen Points.
      This was done by over-representing princes ,by giving every possible minority the right to separately vote for candidates belonging to their respective communities.
      So British Government’s every planned act made roots of cleavages delibarately strong between Muslims and Non-muslims communities which is still continued after independence.

      Plz review…

  3. Dev says:

    (b) What is diarchy? Examine its status under the Government of India act 1919 and 193 (200 Words)

    • Sanjhi says:

      Dyarchy refers to a system of dual governance. The system of dyarchy was introduced in the Government of India Act, 1919 at provincial level. Under this system, the various subjects at the provincial level were classified as reserved and transferred subjects. The reserved subjects were under the administration of the Governor who acted with aid of the ministers responsible to the legislative council. The transferred subjects were administered by the Governor along with his Executive Council which was not responsible to the Legislative Council. Thus, the set of transferred subjects was under the exclusive jurisdiction of the Governor and his Executive Council who were only responsible to the British Parliament.

      The Government of India Act, 1935 scrapped the system of dyarchy at the provincial level as this had failed to be functional in the long run. On the other hand, there was an attempt to introduce dyarchy at the Central level with the same demarcation between reserved and transferred subjects. However, this provision of the 1935 Act never came into effect.

    • उत्तर २ (बी)
      द्वेध शासन दिअर्ची का हिंदी अनुवाद है. द्वेध शासन से तात्पर्य है शक्ति दो व्यक्तियों, दो संस्थानों या निकायों में निहित हो. यह प्रणाली भारत शासन अधिनियम १९१९ के तहत भारत में प्रान्तों में लागू की गयी. इस प्रणाली के तहत प्रांतीय विषयों को हस्तांतरित व आरक्षित नामक २ भागों में बाँट दिया गया. आरक्षित विषयों का प्रशासन गवर्नर अपने मनोनीत सदस्यों की सहायता से करता था और इसके लिए गवर्नर व उसकी कार्यकारिणी विधानमंडल के प्रति उत्तरदायी नहीं थी. आरक्षित विषयों में वित्त, भूमिकर, अकाल सहायता, न्याय, पुलिस, पेंशन, आपराधिक जातियां, छापाखाने, समाचार-पत्र, सिंचाई, जलमार्ग, खानें, बिजली, कारखाने, बंदरगाह आदि महत्वपूर्ण विषय शामिल थे.
      हस्तांतरित विषयों का प्रशासन गवर्नर निर्वाचित सदस्यों की सहायता से चलाता था. ये सदस्य विधानमंडल के प्रति उत्तरदायी होते थे. शिक्षा, चिकित्सा सहायता, स्वास्थ्य, कृषि, स्वायत्ता शासन आदि विषय हस्तांतरित थे. किन्तु विषयों का बंटवारा स्पष्ट नहीं था और इस कारण कार्यों के संपादन में हमेशा बाधा बनी रहती थी. जैसे कृषि अगर हस्तांतरित विषय था तो सिंचाई आरक्षित.
      भारत शासन अधिनियम १९३५ के तहत प्रान्तों में द्वेध शासन को हटा दिया गया और ११ प्रान्तों में उत्तरदायी शासन स्थापित किया गया. जबकि केंद्र में द्वेध शासन की व्यवस्था की गयी और विदेश नीति व सुरक्षा वायसराय के लये आरक्षित विषय रखे गए. शेष हस्तांतरित विषयों का शासन वायसराय मंत्रियों की सहायता से करता था. इस प्रकार १९१९ से प्रान्तों में आरम्भ हुआ द्वेध शासन १९३५ में केंद्र में आ गया.

    • NEHA 126 says:

      Ans -Diarchy is derived from Greek word di-arche which means double rule. It is the scheme of dual government ie the government by two independent authorities.

      The Government of India ( GoI ) Act 1919 incorporated the idea of Diarchy for the provinces of British India. It marked the introduction of the democratic principle into the executive branch of the British administration of India. The principle of diarchy was the demarcation and separation of provincial and central subjects. The provincial subjects were further classified into two groups-:
      *Transferred subjects- which were to be administered by the Governor with ministers of legislative council. It included subjects of education, health,, forest etc
      *Reserved subjects- which were to be administered by the governor with his executive council not being responsible to legislative council. It included subjects of justice, revenue, police and irrigation

      This system of diarchy was highly unsuccessful due to its complex nature and ended with the introduction of provincial autonomy in 1935.
      The GoI Act 1935 provided for withdrawal of Diarchy from the provinces and introduced it at the centre with important
      departments like defence, foreign affairs etc under reserved list.
      But since this act was not in conformity with the democratic rights of the people so it was repelled and never came into force.

    • Mendax says:

      Diarchy is a dual set of government one of which is accountable and another non- accountable. This type of government was first introduced in GOI Act, 1919 as a sop for Indian demands for responsible government. It was considered as the first step to gradual formation of self-government under the aegis of British govt.
      In GOI Act, 1919 diarchy was introduced at provincial level. Provincial subjects were divided into two parts i.e Reserved and Transferred. The Reserved subjects were administered by Governor and its Executive Council which were nominated by him and were responsible to him only. The Transferred subjects were administered by Governor and the popular ministers appointed by him from among the elected members from Legislature and were responsible to Legislature. The Reserved subjects included law, justice, police, revenue whereas transferred subjects included public works, public health, sanitation and education etc.
      In GOI Act, 1935 diarchy was abolished at provincial level and was replaced by provincial autonomy with full responsible government. Diarchy was proposed for Federation Centre. The Reserved subjects included Foreign Affairs, Defense to be administered by Governor General through counselor appointed by him and responsible to him only. The Transferred subjects which included education, public works, sanitation or public health etc administered by Governor General on advice of popular minister answerable to the federal legislature.

  4. Dev says:

    What purposes does the Preamble to the Indian Constitution serve? Examine. (300 Words)

    • Sanjhi says:

      Nehru introduced the Objectives Resolution into the Constituent Assembly sessions. This Resolution contained ideals such as secularism, political, economic and social justice, and freedom of thought, expression, etc. and other political and civil liberties on which our Constitution was to be based.

      The Objectives Resolution was later adopted as Preamble to the Indian Constitution. Several commentators of the time such as Sri Alladi Krishnaswamy and KC Wheare called the Preamble the key and soul of the Constitution. The Supreme Court has also accepted this purpose of the Preamble in several decisions.

      The Preamble contains values from the national freedom struggle and reflects the minds of the Constitution-makers at the time of framing of the Constitution. The spirit of the Preamble and its various ideas such as freedom of thought, belief, worship, liberty, equality, fraternity, political, economic and social justice, socialism, secularism, democratic republican and sovereign nature of the Indian state are present throughout the Constitution, particularly in Part III relation to Fundamental Rights and Part IV relating to Directive Principles of the State Policy where the state is called upon to strive for establishment of a just and equitable society.

      Highlighting the significance of the Preamble, the Supreme Court has accepted it to be a very important part of the Constitution in the Keshavananda Bharati case and the LIC case. Further in the Berubari Union case, giving effect to the intention of the Constituent Assembly, the Court ruled that contents of the Preamble serve as valuable guide for interpretation of other provisions of the Constitution.

    • N Manjula says:

      Preamble of Indian constitution is a reflection of grand and noble vision of our founding fathers,it embodies the basic philosophy and fundamental values of the constitution.In short it is “soul” of constitution and other parts are extrapolation of what is implicitly & explicitly said here.

      It says”We the people of India,having solemnly resolved to constitute a sovereign,socialist,secular,democratic & republic India and to secure to all its citizens Justice-socio,economic & political,liberty of thought.expression belief,faith &worship,Equality of status & opportunity and to promote among them all Fraternity ,assuring them dignity of individual & unity of nation”.

      Thus it says people are sovereign and every authority flows from them and any institution and law is responsible ultimately to them.Sovereignity is no where described in constitution except here,states union is supreme than states and any international agreements cant infringe on basic sovereignty.Socialist,secular & integrity are added by 42nd constitutional amendment though implicit in constitution and no where clerly defined.socialist cast a duty on state to be ‘welfare state’,secular is not only religious tolerance but also delinks politics from religion and protects minorities rights while furthering majority interests.Democracy here is representative and people are ensured socio,economic and political democracy.Republic is having elected head and universal franchise given irrespective of caste.creed,religion.

      Securing justice here is not mere legal but also social,economic&political. Dr.Ambedkar said without social &economic justice political doesnot survive and state as a democracy fails.Liberty of individual is guarenteed in fundamental rights but with reasonable restrictions to further public interest.Equality of opportunity & status despite physical and mental inequalities,ensures all citizens are equal before law of land and state strive for their betterment.directive principles,fundamental duties further has detailed provisions to this effect.Promoting fraternity among a pluralistic society like india is difficult and preamble says to strive for it along with ensuring dignity of living and unity of nation,Article 51a fundamental duties cast duty upon citizens to strive for it.

      Thus Preamble is basic spirit of constittion and other provisions are elaboration to give a concrete shape,meaning to the words stated here. However some terms like secular,socialist etc.,need to be clearly defined and needed amendments for it.

      • alteracc34 says:

        Q- What purposes does the Preamble to the Indian Constitution serve? Examine. (300 Words)
        Ans: The Preamble to the Constitution serve as an Introduction or Preface to the Constitution. It also serves as a summary or an essence of the Constitiution.
        The Preamble to Indian constitution broadly gives us the following:
        1. Source of power – preamble clearly mentions that source of power and authority to the constitution of India are the people of India.
        2. Date of adoption – Preamble gives us the date of adoption and enactment of the constitution 26th November 1949.
        3. Nature of Indian Polity – India is Sovereign, Secular, Socialist, Democratic & Republic Nation.
        4. Objectives of Constitution – to establish a Country based on Justice, Liberty, Equality and Faternity.
        Thus, in this way Preamble to Indian Constitution works as keynote to the Constitution.
        Thus, preamble clearly determines that India is:
        1. Sovereign –it is not dependent on nether dominion to any Nation.
        2. Socialist – as democratic socialist.
        3. Secular – there is no relation between State and Religion, and all Religions are the same in India.
        4. Democratic – it has adopted representative democracy.
        5. Republic – Representatives of people will govern the Country.
        Preamble also determines the structure of Indian society, in which all people will have:
        1. Justice – Social, Economical and Political.
        2. Liberty of thoughts, expression and belief
        3. Equality of status and opportunity
        4. Fraternity assuring dignity to individuals and unity and integrity to nation.
        Hence, we can say that Preamble serves as” horoscope” of Constitution. Just as the horoscope gives date of birth and predicts the future of a person, Preamble to the Indian Constitution gives date of its enactment and predicts the way in which Indian Constitutional democracy is shaping up.
        Preamble has many valves of Indian National Movement. It also summarizes the vision which founding fathers of our nation had envvsioned during Freedom struggle.
        Preamble also serves as a lighthouse to Indian Judiciary. Reference of preamble is taken for Constitutional Interpretation of a particular law.
        Thus, preamble serves as an important and inseparable part of Indian Constitution.(A2).

      • IAS says:

        Manjula
        Does preamble says people are sovergn.I think it says India is sovereign .And secular delinks State(GOI) from the religion.
        When u say universal franchise no need to mention irresptive… sentence what u have mention ….
        Correct me if I am wrong.

    • Dev says:

      Preamble is a preface or introduction of constitution and reflects objective resolution of constitution.
      It describes the objective,ideal,values and philosophy of constitution.
      It describes the source of power,i.e. the people,for constitution from which it drrives the authority since for India to act a democratic country ultimate power should be vested with people of india.
      And Preamble only contains the enacting clause for our constitution.
      It describes the objective of constitution i.e. setting up of India as a sovereign,socialist ,secular ,democratic, republic which was the aim of our founding fathers .
      It describes the rights and freedoms to be guaranteed to people of india for maintaining unity nad integrity of india.So it prescribes justice,liberty,equality,fraternity for all people.

      It describes the aims and aspirations of people of india and also serves aids in legal interpretation of any clause in case of any ambigoius language.

      Earlier it was not considered a part of constitution and Supreme court affirmed this in Berubari case but in keshavnand bharati case it ruled that preamble is the extraxt /essense of constitution and hence a part of constitution.

    • NEHA 126 says:

      The term ‘Preamble’ refers to the introduction or preface to the constitution. N.A.Palkiwala, an eminent jurist and constitutional expert called the Preamble as the”Identity card of the Constitution.”

      The Preamble of the Indian Constitution is based on the “Objective Resolutions” drafted and presented by Pandit Nehru and adopted by the Constituent Assembly.
      The Preamble of the Indian Constitution is a unique piece of document. It briefly but succinctly states what our political leaders and constitutional Fathers wanted India to be. The Preamble starts with the words” We the People of India.” These words have immense constitutional and political sigficance. They say that the people are the source of the constitution; it is the people of India who are the makers of the constitution. It is also implied that there is popular sovereignty in India.

      Our constitution makers wanted India to be sovereign, secular, socialist democratic republic. And so as the Preamble states these principles, the same is reflected by part 3 and 4 of constitution through certain Fundamental Rights and Directive Principles.

      The Apex court of the country also through many of its judgements like Keshavananda Bharti vs State of Kerela case, Indira Nehru Gandhi vs Raj Narain case, has held that the preamble is the basic structure of our constitution and no amendments can be done to its basic features.
      Thus , we can conclude from all these that Preamble is the soul and spirit of the Indian constitution and is therefore a yardstick with which one judge the Indian constitution.

      • NEHA 126 says:

        Please review..

        • Lloyd says:

          The preamble to the Indian Constitution mainly serves two purposes. The first purpose is that it indicates the source from which the Constitution derives its authority. The Constitution, according to the Preamble has been adopted and enacted by the people of India, through their elected representative. This citizens of this country are the source of authority of this Constitution. India is sovereign, and has the power to legislate on any subject, and is not under the control of any other state.
          The second purpose that the Preamble serves is that it states the objects that the Constitution seek to establish and promote. India is a Republic, it’s a free country, not under the subordination of any external power. Art 51 states that India is committed to maintaining and promoting world peace. India is a democratic society infused with a spirit of ‘justice, liberty, equality and fraternity’. However, there is nothing called as transfer of absolute power to the people or a referendum, ours is a representative democracy. The preamble seeks to achieve the ideals of social, economic and political justice to each and every citizen of India. Political justice in the sense that any citizen can participate in the political system, economic justice in the sense that resources and wealth are to be distributed equitably among all and social justice in the sense that there is no groupism and factions created in the society which try to disturb the unity of this country and seek undue favours for their own good.
          Through the 42nd Amendment 1976, the scope of the Preamble was widened to accommodate the ideals of socialism, secularism and integrity of the nation. The principle of Socialism seeks to put restraints on individual ownership, so that the wealth created could be used for the upliftment of the downtrodden and the progress of the nation. Through secularism. The Constituion protects people following all religions and there is no specific religion called as state religion.
          Thus by combining the ideals of political, social and economic democracy with that of equality and fraternity, the Preamble seeks to establish what Mahatma Gandhi described as ‘the India of my Dreams’.

          • prasanna says:

            India is a Republic, it’s a free country, not under the subordination of any external power. REPUBLIC or SOVEREIGN?

  5. Dev says:

    “An absolute balance of powers between the different organs of government is an impracticable thing.” Critically analyze (300 Words)

    • Sanjhi says:

      The objectives of the concept of separation of powers has been highlighted by various political writers such as Aristotle and John Locke. The theory was given shape by a French philosopher Montesquieu in his traditional or classical approach to separation of powers. According to this approach, a strict, rigid and absolute separation of powers is needed between various organs of the government in order to prevent concentration of power and protect liberty of people. Any overlap between powers of various organs of the government, be it the legislature, the executive or the judiciary is considered dangerous because in case of a grievance, the public would have no redressal. Thus, a functional, institutional and personnel separation of powers is recommended.

      Given the complex nature and needs of the modern state, a rigid and complete separation of powers is neither possible nor desirable. Complete separation of powers would create islands out of the various organs of the government with no scope for coordination. This could be disastrous for democratic functioning. Further, strict separation would also leads to pockets of absolute power with no scope of holding them accountable. Hence, a system of checks and balances is indispensable for democratic and accountable functioning of each organ of the government and from this perspective, a complete separation of powers is not possible.

      In India, we therefore follow a broad separation of powers as recognized by the Supreme Court in Indira Gandhi v Raj Narain case. Various provisions from the Constitution also highlight this fact: for example, members of the Executive are also members of the Legislature, the Legislature can exercise judicial functions with respect to its privileges and immunity and the judiciary can invalidate laws made by the legislature. Thus, while each of the legislature, the executive and the judiciary are supreme with respect to their core functions, certain amount of overlapping is permitted by the Constitution. This is also the case in USA where though separation of powers is more rigid than in India, overlapping could not be avoided, for example, the President can veto a measure approved by the Congress. Similar situation also prevails in the UK.

  6. Dev says:

    The Indian Constitution is more flexible than rigid. Discuss.(300 Words)

    • Sanjhi says:

      Members of the Constituent Assembly were of the opinion that the constitution of a democratic country could not be frozen in time and it had to be dynamic to address the changing needs of the society. Hence, we have Article 368 in the Constitution which provides for its amendment.

      The question of flexibility and rigidity can be answered by looking at the kinds of amendments that are permissible under the Constitution. There are three kinds:

      ordinary majority – amendments such as those relating to establishment of states or use of official language which only require a simple majority of Parliament. These amendments are considered outside the scope of Article 368 and hint at flexibility.
      special majority in matters such as Fundamental Rights and Directive Principles requiring two-thirds majority in Parliament. Both rigidity and flexibility indicated here.
      Special majority of Parliament and ratification of one half of states in matters such as election of the President or the Supreme Court. Indicates more rigidity while being flexible.

      Thus, both rigidity and flexibility are characteristics of the Indian Constitution. It is more rigid in some matters such as amendments relating to the federal character, more flexible in others. Thus, a universal proposition regarding flexibility or rigidity cannot be made. The introduction of the unamendable nature of certain basic features of the Constitution, propounded in the Keshavananda Bharati case has definitely introduced more rigidity. But it can be said that Indian Constitution is far less rigid than US Constitution which requires fulfilment of extremely specific conditions to be met for amendment and has only 33 amendments so far!

      • Charles Dickens says:

        Again very nice answer.Pleased to read it.

      • sonali says:

        As once J.L.NEHRU said that-”the indian consitution should not be so rigid
        that it cannot be adapted to the changing needs of national development and stength” thus in the light of this
        A-368 in part XX of the consitution deals with the power of parliament to amend the consitution and its procedure,however the parliament can not amend the basic feature(this concept was introduced in the keshvanad bharti case) of the consitution.
        thus,consitution can be amended by 3 ways-
        by simple majority of parliament such as in the aboltion,establishment of
        new states ,use of official language etc
        second by special majority of parliament such as in amending the FR’s,DPSP etc
        third by special majoritywith the ratification of half of the state legislature
        such as in the case of election of president and its manner,in the provision of seventh schedule,executive power between union and states
        thus,the procedure for amending the consitution is neither as easy in britain nor as difficult as in usa rather strikes a balance between flexiblity and rigidity.
        thus its wrong to say that our consitution is more flexible than rigid because
        our consitution is not too much flexible as britain meaning the parliament can not take away the basic featurre of the consitution and also the validy of the law made by parliament can be declared void by the supreme court
        on the ground of ultra-virus also our consitution is not too rigid as of USA its difficult to alter the boundary of the states or form a new state without the consent of state or by simple majority.

        please review…
        i am taking a lot of time in framing the answer..please suggest

      • IAS says:

        Sanjhi
        If this question appears in the UPSC exam then UPSC can use this answer as model answer.Super answer and well written.

      • wow… very good answer.. i was feeling difficulty in tackle this question but after reading ur answer i have found my path… thank u so much… it is very great to have aspirants like u on this site….

      • Ananth says:

        Well organised and well written , a roadmap for beginners on answer writing

      • swathi says:

        nice answer keep it up

      • Lloyd says:

        It was the idea of the makers of the constitution to make it not so rigid that it would not accommodate the changing needs of national development and strength. Although certain amendments of the Constitution which end up changing its federal structure like manner of election of the President, The High Court and Supreme Court etc. need a special majority of the Parliament there are other features of our Constitution which make it quite flexible in nature.
        There is no separate body in our Constitution for amending the Constitution as exists in some other Constitutions Eg. A Constitutional Convention. As per Art 368, Ordinary legislature of the Union ie the Parliament has the power to introduce and bring about an amendment. Also the same article states that bills requiring a Constitutional amendment can be introduced in either of the House of the Parliament, although subjected to a special majority. As per Article 108, even if there is a deadlock or disagreement between the two Houses, it can be sorted out by holding a joint session of the two Houses. Previous sanction of the President is not required while introducing a any Bill for the amendment of the Constitution.
        Even the condition for ratification by State Legislatures is liberal compared to the American Constitution, which mandates ratification by atleast 3/4th of the State Legislatures. While as per the Indian Constitution ½ of the States ratifying the Bill would serve the purpose.
        The very act that there have been around 100 amendments to the Constitution since its beginning reinforces the fact that Indian Constitution is more flexible than rigid.

  7. Saurabh says:

    “An absolute balance of powers between the different organs of government is an impracticable thing.” Critically analyze (300 Words)

    Indian constitution provides a basic structure of the “social contract” to mediate
    societal conflicts through a democratic process.
    Different organs of the state- legislature, executive and judiciary are provided with mutually exclusive functions of law formation, law implementation and law interpretation respectively.
    In theory these functions are mutually exclusive but in practice it is not the case. Practically, there are different case scenarios where there is functional overlap, overreach and sometimes total subversion.
    The basic reason behind this is that no one of these organs work in vacuum. They are complementary to each other in the overall working of the state.So whenever there is any vacuum created by any one of these organs, the other ones have to fill it by overreaching their constitutional mandate.
    A Utopian concept of perfect balance of power is practically next to impossible due to two set of reasons- Structural and organic.
    firstly, Indian constitution inheres certain characteristics which makes it inevitable to have certain conflicts among these forces. For example- executive is also a part of legislature, and due to its numerical strength it can easily bypass legislative scrutiny (Article 75) which is the linchpin of our system.
    Secondly, Indian society is marked with huge diversity not just in terms of religion, caste, culture and many other factors, but also in the terms of state of development. For example, there are certain sections which are integrated in the process of globalization where there is another section which is experiencing probably the first generation freedom from bondage labour. In such a society, any policy formulation,no matter how meticulous, leaves room for judicial intervention.
    So, it is impossible, and arguably undesirable, to have a Utopian idea of perfect balance of forces of the state. In an organic environment, these forces balance out each other as long as there is restrain and reverence for the basic structure of our constitution.

  8. Ans .1 The Government of india act,1919 has been formulated at a time when the agitation of extremists in Indian national congress intensified their agitation demanding self-rule and freedom for indians.
    The act provided scope for introducing respnsible government in india .It also remained a symbol for the liberalist policy of the british ruler towards india ,Lord Edwin Montague, secretary of state for india and Lord Chelmsford,Governor general of india ,played a key role in the formation of the act.so ,act also k/a montague-chelmsford reforms Act. The act is based on the announcement of Lord Montague in british parliamen,which specified british policy towards Indian state.The act has basically two objectives,namely :
    1. progressive improvement of local self institutions in india in a phased manner.
    2. Striving for establishment of responsible government in India .
    - several factors were responsible for formulating this act.
    a. Displeasure of extremists over the implementation of GOI act ,1909.
    b. Conciliation b/w moderates and extremists in INC.
    c. Frequent changes in the political strategy of Muslim League.
    d. Consequences of First world war ,Home rule movement ,Montague declaration,Mont-Ford scheme.

    Salient features of act were :
    1. It stated that india will continue as a component of the british empire .
    2. It removed the upper limits over the strength of Governor General’s executive council .
    3. It divided the administrative subjects into two lists :
    (a). Union list (47 items) – like Defence ,external affairs ,public debt ,Shipping ,posts & telegraph ,import& exports duties etc.
    (b). State list (51 items) -like public health ,education ,agriculture ,forests,local governments ,law and order etc.
    4. It inroduced Dyarchy at state level. It divided the provincial subjects into two categories,namely (a.)reserved ,(b) transferred.
    The governor administers the reserved subjects with the help of british councilors and transferred subjects with the help of indian ministers.
    RESERVED SUBJECTS included land revenue ,finance ,law,police,irrigation,industries etc.
    TRANSFERRED SUBJECTS included local governments ,agriculture ,public works , public health ,cooperation ,education etc .
    ,while the british councilors were directly responsible for their acts to the Governors, the indian ministers were responsible on one side to the governor and on the other side to the ‘state legislative councils .
    5. It introduced bicameralism in central Legislative assembly. It determined the strength of ‘Council of states’ at 60 and that of ‘Central legislative assembly’ at 145.
    6. It conferred special powers to central legislative assembly . It empowered the Assembly to formulate LAWS ON ALL MATTERS OF THE “UNION LIST”.
    7. It separated the union budget from the state budgets.
    8. It introduces some changes in the composition of India council. It created a new office namely Indian high commission. It determined the strength of Indian council between 8 to 12 and the tenure of its members as 7 years.
    9. It estabilished Chamber of Princes under the chairmanship of the Viceroy.
    10. It entrusted the viceroy to solve the disputes arising b/w union and states or b/w the states.
    11. It set up a separate Public service commission and Auditor general for india.
    12. It estabilished a statutory commission under the chairmanship of ‘Secretary of state’to enquire into working and progress of Government of India in educational sphere.
    Constitutional experts and historians regarded this act as a Progressive Act in the evolution of Indian constitution .

  9. Acoording to montesquieu’s (a french philosopher) theory ,the concentration of governmental powers legislative,executive and judicial in the hands of one person or in a body of persons is inimical to and dangerous for individual liberty .There would be no protection againest encroachments upon individuals freedoms becaue the legislator ,the prosecuter and the judge would be one and the same ;there would be no check againest abuse of executive authority,legislative tyranny ,or judicial misbehaviour . He therefore, advocated that the 3 functions of the government should be entrusted to 3 different departments each separately and independently performes its own distinct functions .
    The theory is attractive but it is not possible to carry it out fully in practice ,what he advocated in his theory was a moderation and modification in the concentration of powers ,not complete separation of powers.
    He was more interesred in checks and balances to prevent abuse of powers ,government is an organic unity like the human body and though the different parts may have distinctness or specialized mode of action ,they have to work in co-ordination ,if the government is to work succesfully.
    It is therefore unnatural and impossible to divide the work of government into water-tight compartments. That would result in deadlocks or in the paralysis of the whole systems.

    Complete separation of powers has nowhere been attempted or tried simply because that is neither desirable nor practicable.
    Even in the American constitution there is overlapping of functions and powers.
    There is close Inter-locking relationship b/w the different organs rather than separation.
    Hermon finer is right in asserting that the driving force behind the AMERICAN constitutional system is the presidency while the role of the congress is ,more or less limited to modifying or rejecting the programme of the President .

  10. swathi says:

    hi dev
    r u want to write answers or questions

    • aslesha2013 says:

      @swathi,
      Its not r u..its do u?
      Dev posted questions so that the answers will be posted below each particular question.
      In yesterday’s answer writing..there was some confusion for the readers and participants.
      Thank you dev.

  11. Bhushan says:

    Q5:
    The constitution of India is one of the lengithest constitution in the world.The maker of the constitution were awared about the challenges ,which will confront by the coming generation.So they made privisons according to the Indian diversity in geography,culture,economy,society.As having the knowledge of current and coming challenges , they miight have faced the problem that,should constitution be flexible or rigid or mix of rigid and flexible?
    The rigid constitution is one which require special provision in its amendment i.e. the constitution of America.And the constitution which require no special procedure i.e. the amendment to constitution could make as of ordinary bill require,is called the flexible constitution.
    In Indian constitution there are three provisions for change in constitution.They are

    i)the simple majority in the parliament.
    ii)the special majority in the parliament.
    iii)the special majority with the consent of at least a ratification of half of the states.
    With the simple majority way the subject related with the change in area ,name,boundary of state,the second schedule of constitution,the payment to MPs etc. can be dealt.
    The special majority procedure deals with the matter of fundamental rights,directive principle of state policy and the subjects which could not come under a preview of provision (i) &(iii).
    The matter of federal structure , the jurisdiction of SC and HCs etc are amend by the provision(iii).
    The provisions given in the constitution are so as which are helpful in all circumstances.For instance ,even if there is majority of a party in the parliament it can amend only required portion and sans the consent of at least half of the states it could not change in the subject intimidate to the state interest.As per changing trend it is possible to amend the constitution by simple majority way.It would be an unwise to classify the Indian constitution either rigid or flexible due its blending of rigid and flexibity.

  12. Lloyd says:

    Analyze the main features of the system introduced by the government of India act 1919. (300 Words)
    The preamble of the Act of 1919 enumerated and promised to create a more responsible government for India. The Legislative system created then, comprising of two houses The Legislative Council and the Council of States, has survived to this day. These houses had a majority of elected members. However, the legislature had no control over the Governor-General and his Executive Council, which in turn was responsible to the British Government. Thus, the British had the final say in any bill to be passed at the Union government level. Even the provincial members were enlarged to accommodate majority of elected members. But they continued to remain powerless as the governor had complete control over the finance and he could overrule the ministers on any grounds. Although the ministers were given charge of certain portfolios like education, public health and local self government, the governors continued to hold more important ones. This system was called diarchy. Also a kind of discrimination was introduced when the Act stated that only the ones owning property had the right to vote. Thus the act aimed to keep the common man away from exercising his choice of selecting a representative to govern him. Thus, in no way did the Act of 1919 try to fulfill its promise of a responsible government as most of the Indian citizens who were poor and did not own any property could not vote and even the elected representatives hardly enjoyed an power both at the Centre and In the provinces as they weren’t given any of the important portfolios including finance.

  13. Lloyd says:

    The government of India Act 1935 went another step forward in perpetuating the communal cleavage between the Muslim and the non-Muslim communities. Comment. (200 Words)
    Separate electorates created for the Muslims on religious grounds as per the Indian Councils Act of 1909 were not only kept up by the Act of 1935 but also extended to other communities. The members were to be elected on the basis of the religion which they followed. There were seats reserved for members of a particular religion. Seats reserved for different religions included seats for Hindus, Muslims, Sikhs, Europeans, Anglo-Indians and Indian Christians. Moreover, there were seats reserved even for the members of the Scheduled Castes. This was true for the British Indian provinces and was done keeping in view the Macdonald Award for separate electorates based on religion.
    Thus, it became sure that from 1935 separate electorates didn’t only mean separate electorates between Hindus and Muslims, but separate electorates for people belonging to different religions living in India. Thus, it seemed that the British were aiming to divide the country based not only 2 religions but based on many religions and castes. This was truly a vital part of their policy of divide and rule, so that forces in favour of a unified India such as Mahatma Gandhi, Sardar Vallabhbhai Patel and Nehru would face more and more difficulties in helping India achieve independence from the foreign rule.

  14. Arpitha says:

    The Indian Constitution is more flexible than rigid. Discuss.

    Many great political thinkers described Indian constitution is blend of flexibility & rigidity.It is true in context because
    *Though India is federal in nature the distribution of powers b/w centre & states are not federal in nature but they work in tandem with each other to achieve the goal of state as well as nation as a whole.
    *Though there is proper distribution of power b/w centre & state there is some sort of b/w two, thus there is a provision in our constitution for setting up of councils & tribunals whose decision can not be questioned by any court.
    *There are three organ in our constitution:
    Legislature,executive & Judiciary
    Though they are integral part of our constitution they are independent from each other & at the same time can question each other in case of violation of constitution to ensure justice for the people of the country.
    *In case of amendments also our constitution does not provide rigid rules like in case of America nor very flexible like in Britain but blend of both to ensure proper changes are made according with changing needs of society.
    *Also our constitution has two parts: Justifiable & non-justifiable in nature.For example- Fundamental Rights is Justifiable & Directive Principles of State policy is non-justifiable in nature, our constitution provides that violation of fundamental rights is a crime & can be questioned by court thus ensuring rights of individual rights in the mean time Directive Principle of State Policy called as “Novel Feature” of constitution by Dr.B.R.Ambedkar is non-justifiable its violation can not be questioned in any court & is not a crime, though its not binding on our government our govt has enacted many laws with respect to DPSP to ensure moral & social rights to the citizen of our country.
    Thus our constitution has given space for three organs,states & people,retaining its democratic nature by not being too rigid but allowing them to change according with changing times & guiding them in every possible way to ensure social,moral & economic justice to the people of country though not binding but relevant & necessary.

    Please give me feedbacks, first time im trying out this.
    Thanx for ur patience

  15. anu says:

    What is dyarchy? Examine its status under the Government of India act 1919 and 1935 (200 Words)

    Dyarchy refers to a scheme of dual governance. Under this, the subjects of administration are classified as reserved and transferred.
    Government of India Act, 1919 introduced Dyarchy at provincial level. The reserved subjects were essential areas of law enforcement like justice, police and revenue. The transferred subjects were such as health, education, agriculture. The reserved subjects were administered by the Governor and his Executive Council without being responsible to the Legislative Council. The transferred subjects were administered by the Governor with the aid of the ministers responsible to the Legislative Council. Essentially, the reserved subjects were kept with Governor (not accountable) and transferred subjects with Indian ministers (accountable).
    This system was largely unsuccessful; Simon Commission report, 1930 recommended the abolition of dyarchy. The Government of India Act, 1935 abolished dyarchy in the provinces and introduced ‘provincial autonomy’ instead. On the other hand, the Act provided for adoption of dyarchy at the Centre. However this provision of the 1935 Act never came into operation.

    Please review…

  16. wesley says:

    great answer

  17. Ajeet says:

    Analyze the main features of the system introduced by the government of India act 1919. (300 Words)

    Answer:-
    The main features of Government of India act 1919 can be classified under below categories:-
    a) Separation of Power
    b) Formation of Indian Council
    c) Increase of communal representation
    d) Setting up of Public service commission.
    e) Increase of Indian representation.
    f) Separated the Budget

    Separation of power:-
    Power of Center was reduced from Provincial states. Act has clearly defined power for Center and Province.

    The Provincial power was further divided into Transferred and Reserved Category. Under Transferred Category Governor performs task with assistance of Provincial Ministers. He was responsible to legislative council for these tasks.

    Under Reserved Category Governor performs task with help of Executives. He was not responsible to legislative council for Reserved tasks.

    Moreover, some of the function of Viceroy was transferred to newly created office of High Commissioner of India at London.

    Formation of Indian Council:-
    Under this Act, Indian council was established. It has Lower and Upper house. Member of both the house were directly elected by the people. The direct election was introduced first time in country.

    Increase of Communal representation:-
    Muslims were the first one to get reservation in legislative council under 1909 act. This reservation was expanded to other communities like Sikh, Indian Christian, Anglo- Indian and European under 1919 Act.

    Set up of Public service commission.
    For recruiting of Civil servant the Public service commission was set up under this Act.

    Increase of Indian representation: The representation of Indian in Viceroy executive council was increased from 3 to 6.

    Separated the Budget:-
    For the first time, Provincial states were empowered to form their own Budget. The Central Budget excluded accounting the areas transferred to the Province.

    • Ajeet says:

      Correction:-
      Increase of Communal representation:-
      Muslims got reservation in all legislative council expect Punjab under 1909 act. Under Act 1919 the reservation was expanded to Punjab as well.

  18. Ajeet says:

    The government of India Act 1935 went another step forward in perpetuating the communal cleavage between the Muslim and the non-Muslim communities. Comment. (200 Words)

    Answer:-
    The impact of Act 1935 was culmination of effects of Indian Act 1909, Lucknow Pact 1916, Government of India Act 1919, Communal awards in 1932 and Poona Pact.

    The difference made by Government of India Act 1935 can by understood by analyzing the earlier Acts and Pacts.

    India Act 1909:- The communal reservation was born with 1909 Act. This Act provided reservation to Muslim in all Legislative councils except Punjab. Lord Minto got the honor to be called as Father of Communal Electorate.

    Government of India Act 1919:- This has expanded the Muslim representation to Punjab as well. However, this demand of Muslims was already accepted by Congress with Lucknow Pact in 1916. With 1919 act it got official approved.

    Till this point of history, things were in control and reservation was based on mutual agreement between Muslim league and Congress.

    Communal awards in 1932:- The declaration of Communal awards in 1932 was a watershed moment. It had provision of the reservation to other communities like depressed classes, Sikh, Indian Christian, Anglo-Indian and European. Later the separate reservation for depressed classes was withdrawn with Poona Pact.

    Government of India Act 1935:- The communal reservation in this act was done on the basis of communal awards 1932. It led to the feeling of competition between Muslim and Other communities. Later the communal tension grew so deep that in 1939 Jinnah finally proposed the two nation theory.

  19. addie22 says:

    Q. PREAMBLE

    The preamble to the Indian Constitution, which derives a lot from the Objective Resolution presented by Nehru in the first meeting of the Constituent Assembly, was added after the drafting of the constitution itself was done and thus goes on to serve some crucial purposes.

    It summarises the objectives of the constitution by focusing on key words as democratic, secularism, equality, fraternity, etc. These were the values for which national freedom struggle was fought. It thus pays homage to these cherished values which symbolise India and is also a constant reminder of these.

    It brings clarity to the general people for whom provisions of the constitution can be sometimes confusing. In this sense even courts can also depend on it while upholding on legality of any legislation even though the Preamble itself is non-justiciable. It reflects the minds of the framers of the constitution and thus clears any ambiguity within the Constitution as was declared in Berubari Union case.

    The significance of the Preamble increased when 42nd amendment inserted new words in it, clearing the doubt that it indeed is an integral part of the Constitution. Later Supreme Court has also held this position in Kesavananda and LIC cases.

    The Preamble makes it clear beyond any doubt that the Constitution was prepared by the citizens of India. Thus, it tells that the ultimate source of authority is the people of India from whom the Constitution derives its power and thus upholds sovereignty of people.

    The preamble also tells that the Constitution was prepared on 26th November, 1949, even though it came into full force only from 26th January,1950.

  20. pasha says:

    Q 5 )

    Members of the constituent assembly framed the constitution according to the time change in the society rather than to be frozen at one time.

    The question of flexible and rigidity can be seen by articles which are permissible to be amend. Under Article 368 Constitution allows three types of amendments.

    1) Special majority – Some provision require special majority of both the houses of parliament i.e 50 % of the house present and voting. Eg Fundamental rights,Directive principles,election of president etc

    2) Special majority – Some provision of require special majority and half of the states ratification. Eg Dispute related to diminishing,alteration state boundaries.

    3) Simple majority – Nothing present in the Article 368, can be amended by simple majority as amendable as ordinary law.

    As can in the keshavnanda bharti case supreme court held that basic features of constitution is rigid and cannot be taken away by amending the constitution. Rather saying it is not as rigid as american constitution.

  21. pasha says:

    Q 3)

    The preamble involves the basic philosophical – fundamental valves to secure its people moral,political,social,religious and equality on the principles of the constitution is based. Preamble is that the objective moved and accepted by the constituent assembly and can neither be ignored while justicing the people.

    Preamble is the identity card,heart and soul,preface and introduction to our constitution. In another way it gives light to the constitution, its people and legislature and other functionaries on the basic principle the country has to function.

    The preamble is neither a source of rules to legislature nor prohibits the power to the legislature in making the laws. There fore they are non-justiciable and non enforceable in court of law. But while preparing the law the legislature has make up that its confirms with the preamble.

    Preamble gives national feeling and removes anti nationalism among the people as the president of constituent assembly told that preamble is part of the constitution. Supreme court recognized that preamble is part of constitution and nothing can take way it.

    Preamble states that it has derived from the people of india.
    The edifice of our constitution is on the basic principle of the preamble if a single element is removed the whole constitution character lies in utter danger. The elements can be added than amending the basic feature of the preamble.

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