Features and Provisions of the Constitution

Right to Internet Access

Issues at Play

Freedom Speech and Expression: It involves the facets of an individual to express himself and also of another to receive information. When a government bans access to internet both of these individual liberties are compensated

Right to Privacy: The usage of the internet is a part of privacy of an individual and her personal liberty. The state cannot arbitrarily take away such an inalienable part of a dignified life.

Why restriction?

Communal Sensitivities: Such an extreme step is taken by the state in defense of communal harmony in multi-ethnic societies. Social media has been the harbinger of fake news and rumors stoking communal hatred and violence

Separatist Tendencies: The state also imposes such restrictions at times of secessionist movements to safeguard the unity and integrity of the nation.

Curb Illegal Activities: There are several websites that provide a fillip to illegal activities viz. organ trafficking, pre-natal abortion. The access of these sites can be curbed by reasonable restrictions on access to internet

The debate of Parliamentary Government vs Presidential Form of Government

Introduction

The Parliamentary form of government was adopted from the Government of India Act, 1935 and thus far has been the cornerstone of India’s representative democracy. India’s political climate has progressed substantially where power centralization within political parties has kindled the debate of parliamentary vs presidential forms of government.

Why Parliamentary over Presidential for India?

Parliamentary	Presidential
Responsibility: It ensures an executive accountable to elected representatives who represent the people	Non-responsible: The President is not accountable to the Senate for his actions. There is no institution of control on the executive
Familiarity: Parliamentary democracy has been inherited from colonial era and has held the country united for long. It thus makes little sense to change it	No familiarity: India has never experimented with the Presidential system
Wide Representation: Parliamentary system provides wide representation for different sections in the multi-cultural Indian society	Limited Representation: Presidential system offers a centralization of power in the hands of one individual
Harmony between Organs: The double membership to executive and legislature ensures there is harmony and coordination	Discord between Organs: The presidential system due to the complete separation of powers risks chances of disharmony between organs of government

Parliamentary	Presidential
Instability: The executive rests on the confidence of legislature that can abruptly come to an endà no continuity in policies or certainty of governance	Stability: There is a security of tenure for the governmentà continuity in policies
Politics> Policy?: The numbers game in parliament lead to focus on politics depriving public welfare and policy	Policy Focus: The certainty of tenure gives the government respite and time to focus on framing and implementing policies
Prime Ministerial = Presidential?: Modern day parliamentary democracies including India have evolved into governments where the PM has a huge role to play. This virtually makes it a presidential government	Accountability on President for his actions
No Expertise: The parliamentary government consists of ministers who are not experts in their own fields Coalition governments may lead to slow decision making Double Membership may lead to dictatorship of the cabinet	Domain Expertise: The President drafts in experts for handling important portfolios of administration Fast and Efficient Decision making Separation of Powers

Conclusion

The Parliamentary Form of government is part of the basic structure of the Constitution as identified by the Supreme Court. Indian democracy has survived for more than 70 years on the edifice of it. It would be thus a grave mistake to hurriedly switch to a Presidential form of government. In future, if the suitability reverses, India may adopt the same

Economically Weaker Sections Affirmative Action Debate

The Union Government has introduced the provision for reservation of the economically weaker sections through amendment of Article 16 of the Indian constitution.

Issues

Representation to Socially Backward: Ambedkar, the father of the Indian constitution had elaborated that the mandate of affirmative action should be of politico-economic empowerment of socially backward sections only
Indra Sawhney Case: Regarding the Mandal case, the supreme court had capped reservation of seats at 50% and also termed economic reservation as unconstitutional
Ghost Beneficiary Danger: India’s poor land records, non-taxed earnings and corrupt governance machinery elicit the danger of undeserving beneficiaries
Adequate Representation: The said economic bracket as well as social classes included in the provision already have more than their share of representation unlike the scheduled and backward classes that are provided with reservation
Improper Terms: The ceilings placed on income and land ownership are way too high for it to have a meaningful impact on the actual poor of the country

Benefits

Help the Poor: The reservation policy can help provide representation to the weaker sections in jobs and educational institutions
Composite Reality: The EWS reservation further acknowledges the composite reality of class and caste that is characteristic of the Indian society

Autonomous Council Strengthening: Constitution (125^th Amendment) Bill

The amendment has been introduced to empower the financial and executive powers of the 10 autonomous council that exists in the states of Assam, Meghalaya, Tripura and Mizoram

Provisions of the Amendment

Elected Village Municipal Councils ensuring grass-root level democracy
Authority of Village Councils: VCs to have a mandate to prepare plans for socio-economic justice and economic development including those relating to agriculture, land, irrigation, animal husbandry, rural electrification
Devolution of Funds: Finance Commission shall be mandated to recommend devolution of funds to them. Central and State Governments give grants for these councils to implement projects

Read Full GS Notes