Questions
- Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid 1990s. (15)
- Discuss the contribution of civil society groups for women's effective and meaningful participation and representation in state legislatures in India. (15)
Model Solutions
1. Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid 1990s. (15)
Model Structure
Introduction
- Article 356 (President’s rule): If a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery.
- Data: Use of article 356 for eg:
- According to a RTI response from the Ministry of Home Affairs (MHA), President’s rule was imposed 115 times till 2016.
- Between 1971 and 1990, it was 63 times
- Between 1991 and 2010, it was used 27 times
- Between 2011 and 2016, it has been used 5 times
Main body
Legal Factors
- S.R. Bommai VS Union of India
- In 1994, the Supreme Court delivered the landmark SR Bommai judgement where the Court discussed at length provisions of Article 356 and related issues.
- Judicial Activism
- Judicial Review based on
- Is there any material behind the proclamation?
- Is the material relevant?
- Was there any mala fide use of power
- Inter state council: ISC was established as a permanent body under Article 263 by a presidential order on recommendation of Sarkaria Commission.
- Rameshwar Prasad Vs Union of India (2006)
- The court declared the President’s Proclamation of dissolving the state Assembly unconstitutional.
Political factors
- Rise of regional parties: The mid-1990s was marked by the rise of regional parties that lent an increasingly opportunistic and volatile character to Indian polity. This meant that the national parties were always on the lookout for new regional allies, and hence were wary of using Article 356 against their governments.
- Political Decentralization:73rd and 74th Constitutional Amendments (1992) decentralized powers to Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs)
- Shift towards cooperative and collaborative federalism
- Responsible role of President and Governors For eg: President Narayanan
- Increased media scrutiny and the importance of public opinion in democratic politics. For eg Increased role of Social Media
Conclusion
- You can conclude by highlighting the importance of Cooperative and collaborative federalism
Or - Data on downward trend (if not used in Intro)
2. Discuss the contribution of civil society groups for women's effective and meaningful participation and representation in state legislatures in India.(15)
Model Structure
Introduction
- Definition based- Civil society refers to a wide array of non-governmental and not-for-profit organisations that have a presence in public life, expressing the interests and values of their members or others
- Data: Average number of women MLAs in Assemblies across the nation accounts for only 8%
Main body
Contribution of civil society groups
- Advocacy for Gender-Responsive Policies For eg: MLC Kalvakuntla Kavitha-led Bharat Jagruthi has been demanding tabling and passing of Women's Reservation Bill
- Encourage Participation from Local Women Leaders
- Educating and training For eg: help women to build their confidence and skill set, and understand the complexities of politics.
- Civil society can play an active role in addressing violence against women in politics & provide safe environment
- Address social and cultural barriers such as patriarchal norms
- Research and Data Collection for eg: Centre for social research
- Legal Support by bringing awareness on their rights, entitlements and responsibilities
- Community Mobilisation for eg: mobilising particular constituencies, particularly the vulnerable and marginalised sectors of masses to participate more fully in politics and public affairs.
You can write few Challenges such as Lack of resources, political interference and way forward to strengthen the role of civil society in women empowerment
Conclusion
- Current affair based example- Nagaland gets first women MLAs
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