Unit 13 To 20

Local Self Governance in India
Structure of Panchayati Raj

&
Powers and Functions of Panchayats.
Introduction
• Panchayati Raj acts as a system of local self-governance offering a feel of direct
democracy.
• Aimed at decentralization of power as mentioned under Article 40.
• Based of recommendations of different committee reports and finally came in place

through the 73rd amendment.
• PRIs play a formidable role in providing political training of the mass, management
of their resources, implementation of the plans and programmes, etc.
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Local Self-Government in India
• Rooted on the notion of direct democracy in Janapadas and Mahajanapadas.
• Extension of local self-government to the urban areas (74th Amendment).
• The roots of urban local self-government can be traced back to the British rule in
1687 through setting up of the Municipal Corporation at Madras.
• Post independence the Gandhian plea for a village-based system of political
formation were rejected, but found its place in the Part IV of the Indian
Constitution.
• PRIs emerged in response to failure of the community development programme in
yielding the desired results.
• The Balwantrai Mehta Committee appointed to study the Community Development
Projects identified two problems:
• absence of people’s participation in these programmes and services, and
• the absence of a suitable machinery to ensure the direct involvement of the people in the
initiatives.
• The Committee findings initiated a move to set up a three-tier system of Panchayati
Raj in the country, which eventually failed because of its ill-design and lack of
political will.
• To find out the lacunae of the working of these institutions and suggest remedial
measures a committee headed by Ashok Mehta was appointed in 1977.
• In 1993, the enactment of 73rd and 74th Constitutional Amendments Acts laid down
the provisions regarding the structure, power, and functions of the local self-
government at both the rural as well as the urban levels.
• The legislations apart from offering constitutional status to the local self-
government institutions addressed three crucial issues:
• Conduction of regular elections to these bodies; Your Logo or Name Here
• The legislations apart from offering constitutional status to the local self-
government institutions addressed three crucial issues:
• Conduction of regular elections to these bodies;
• Defining the sphere of powers and functions of these bodies at various levels, and
• Provisions for independent finances.
• Introduced two separate parts in the Constitution, known as Part IX and Part IX-A
in addition to two new schedules, called Schedule Eleventh and Schedule Twelfth.

Structure of the Panchayati Raj Institutions
• The structure of the PRIs always remained a matter of contention for both the
policy makers at the Central level and to the practitioners of the local self-
government at the state level.
• Lack of devolution of powers to these institutions by the respective state
governments.
• Balwantrai Mehta Committee included a three-tier system consisting of the
panchayats at the village, block, and the district level.
• Structural mismatch between Panchayati Raj structure and the normal
administrative structure.
• Ashok Mehta committee recommended the restructuring of the whole system into
two levels only: the zila panchayat at the apex of the system and the mandal
panchayat to act as the lower level body.
Structure of the Panchayati Raj Institutions
• The Seventy-third Amendment Act provided a uniform three-tier structure of the
Panchayati Raj consisting of the village, block, and the district levels.
• The Act laid down rules for a gram sabha in each village endowed with such
powers and functions as the legislature of a state may provide by law.
• The Act offered constitutional status, uniform structure, compulsory and periodic
elections to gram sabhas.
• Creation of a State Election Commission.

Powers And Functions of the Panchayats
• The panchayats were conceived to be an effective tool in making astounding
contributions towards:
• Developing healthy democratic traditions in the country,
• inculcating leadership qualities among the rural folk,
• making planning for development more realistic,
• encouraging participation of the people in planning and programming for goal-oriented change,
• reviving in the local people a spirit of responsible citizenship and self-confidence,
• bringing the local people in the mainstream of national life economically, politically and
psychologically,
• ensuring more effective implementation of development plans,
• relieving the administrative burden of the state and the central governments, and
• increasing the legitimacy of the system of governance.
Powers and Functions of the Panchayats
• The various levels of the PRIs have been offered with specific functions as well as
with the kind of administrative and financial support to carry out such functions.
• Participation of people in the developmental activities.
• The functions of the gram panchayats are of very primary nature concerning the
basic aspects of the rural life.
• The functions of the block-level panchayat body gets broadened to include those
functions whose catchment area extends beyond the limits of one or two villages.
• Takes up activities pertaining to the betterment of rural life including the
improvement measures to augment the agricultural production, improvement in
the health of the cattle, promotion of cottage and small-scale industries, and the
establishment and management of the cooperative societies.
• The panchayat samitis are normally provided with adequate administrative and
financial support in order to carry out these functions efficiently. Your Logo or Name Here
• The zila parishad guides and monitors the developmental plans and activities and
makes sure that the lower bodies are discharging their responsibilities in
accordance with the broad administrative and financial perspectives of the state
government.
• The functions of the zila parishad are:
• Examine and approve the budget of panchayat samitis; issue directions to panchayat
samitis for efficient performance of their duties, coordinate the developmental plans
prepared by the panchayat samitis; advise the state government on all matters relating
to development activities in the district; distribute funds allocated by the state to various
panchayat samitis; inform the Divisional Commissioner and the District Collector about
irregularities in the PRIs; and advise the state government on the allocation of work to
be made among the PRIs.
• Institution of District Planning Committee (DPC) to ensure a coordinated bottom-
up planning in every district of the country (Article 243 ZD). Your Logo or Name Here
• The zila parishad guides and monitors the developmental plans and activities and
makes sure that the lower bodies are discharging their responsibilities in
accordance with the broad administrative and financial perspectives of the state
government.
• The functions of the zila parishad are:
• Examine and approve the budget of panchayat samitis; issue directions to panchayat
samitis for efficient performance of their duties, coordinate the developmental plans
prepared by the panchayat samitis; advise the state government on all matters relating
to development activities in the district; distribute funds allocated by the state to various
panchayat samitis; inform the Divisional Commissioner and the District Collector about
irregularities in the PRIs; and advise the state government on the allocation of work to
be made among the PRIs.
• Institution of District Planning Committee (DPC) to ensure a coordinated bottom-
up planning in every district of the country. Your Logo or Name Here
• The DPC consists of the members elected from amongst the members of the
panchayats at the district level and of the municipalities in the district.
• The DPC has been entrusted with the task of preparing a consolidated development
plan for the district on matters spatial planning; sharing of water, and other
physical and natural resources; guaranteeing an integrated development of
infrastructure and environmental conservation; and consideration for the extent
and type of available resources, including financial or otherwise.
• DPCs aims at minimizing the wastage of resources due to overlapping of functions
and activities of rural and urban bodies in the district.
• The 73rd Amendment Act provides adequate financial resources to the panchayats
in the form of government grants and loans, proceeds from taxes levied by the way
of fees and miscellaneous charges, in addition to the public contributions and
income from property and certain investments.
• Constitution of State Finance Commission aids in the review of the financial
position of the panchayats and makes suitable recommendations to the state on the
distribution of funds between the state and the local bodies out of the Consolidated
Fund of the state.
• Provision for the flow of funds to the panchayats in the form of grants-in-aid.
• The Act brought in two imperative changes wrt. the financial resources:
• Sharing of resources no longer remains a discretionary power of the state.
• Allows the Panchayati Raj bodies to levy, collect, and appropriate suitable local taxes.

Role of Women and other Marginalized Sections
• Mandatory reservation of seats for the women, SCs, and the STs.
• The rationale behind reservation is to ensure the participation of all sections of the
society in the decision-making processes of these bodies, so that they can function
truly as the body representing all sections of the society.
• The participation of women has resulted in the political empowerment of the
women, also has removed their isolation in the grassroots political system, and
consequently changed the quality of leadership in the panchayat bodies.
• Aided change in the familial and social perceptions of the role of women and
develop a grassroots leadership among women

Panchayats and The Bureaucracy
• One of the complex issues confronting the policy makers is regarding the respective
roles of the Panchayati Raj bodies and the bureaucracy.
• The failure of CDPs and the recommendations of the Balwantrai Mehta Committee
recommended for a people-centric development model for rural development in
the country in place of the bureaucratic model.
• The conflicting views of bureaucracy and the PRIs provided hindrance to the
functioning of these bodies.
• Reduction in the role of bureaucracy with the constitutional reforms.

Issues in Effective Functioning of the Panchayats
• An analysis on the effective functioning of the PRIs point at the lapses at various
fronts in the form of delayed legislation, vested interests of the politicians and
bureaucrats.
• Doubts on the suitability of introducing a uniform system of Panchayati Raj in the
entire country.
• The standard formulation on the structures of the panchayat bodies at different
levels has minimized the scope for manipulations on the part of the state
governments.
• In spite of the reservation, the lack of motivation, training, and guidance of the
representatives belonging to marginalized categories have been proving to be a
hurdle in the effective functioning of these bodies.
• The presence and influence of MPs, MLAs and District Collectors have a
debilitating influence on the healthy functioning of PRIs. Your Logo or Name Here
Issues in Effective Functioning of the Panchayats
• Uncordial relations between the district level bureaucracy and the elected
representatives of the PRIs has sometimes become the bane in the context of the
planning, execution, and the monitoring of the rural development programmes.
• Financial independency ensured through the formation of state finance
commission.
• Influence of caste, incorruption, inefficiency, groupism, unhealthy rivalry, misuse
of powers, and motivated decisions and actions have adversely affected the
functioning of PRIs.

Role of Panchayati Raj in the Era of Liberalization
• Contemporary public administration is not just about efficiency, it also upholds
democratic participation, accountability, and empowerment.
• ‘Strengthening [people’s] voice in general and the voice of the poor in particular’.
• Reforms for a citizen-centric government; Good governance; Devolution of powers.
• The 73rd constitutional amendment provided an alternative to the state-led and
redistributive developmental models towards democratic decentralization and
citizen-centric government.
• With democratic decentralization, bureaucracy is a catalyst for change rather than
agent of change.
• The gram sabhas have become instruments diluting the bureaucratic monopoly in
the localities.
Role of Panchayati Raj in the Era of Liberalization
• The growing involvement of the people in the Panchayati Raj institutions has made
the concept of ‘peoples’ audit’ meaningful, that serves as a powerful check on the
aberrations in bureaucratic functioning in the development sphere.

Party System in India
Indian Party System and its evolution & Coalition Politics and Pressure
Groups.
Introduction
• Role of political parties in modern times include:
• the articulation of the demands and aspirations of the common people.
• to capture political power through legitimate means.
• The Government of India Acts enabled the participation of political parties during
the British period at different levels.
• After independence, with the adoption of parliamentary form of government
political parties became the core of democracy in letter and spirit.
• Monopoly of the Congress party in the Indian political system.
• Splitting of Congress party in 1969.

Evolution of the Indian Party System
• The Indian party system attained a definite shape with the inauguration of the
parliamentary democracy in the country within the framework of the Constitution
of India.
• In the pre-independent India, Congress represented the interests of every section of
the society, both rich and the poor.
• Presence of the Communist parties.
• Dominance of Congress party in the Parliament along the presence of few other
parties.
• The successes of the Congress in early elections was attributed to what is called as
the locality oriented pluralist model of electoral mobilization characterized by the
existence of numerous factional and semi-political structures at the grass-roots
level based on the caste and community lines but appropriated at the higher levels
by fairly autonomous group of party elites in various parts of the country.
• The Indian party system attained a definite shape with the inauguration of the
parliamentary democracy in the country within the framework of the Constitution
of India.
• In the pre-independent India, Congress represented the interests of every section of
the society, both rich and the poor.
• Presence of the Communist parties.
• Dominance of Congress party in the Parliament along the presence of few other
parties.
• The successes of the Congress in early elections was attributed to what is called as
the locality oriented pluralist model characterized by the existence of numerous
factional and semi-political structures at the grass-roots level based on the caste
and community lines but appropriated at the higher levels by fairly autonomous
group of party elites in various parts of the country. Your Logo or Name Here
• The fourth general election marked the emergence of other political parties in
Indian political system.
• The split culminated in the de-institutionalization of the Congress party with the
replacement of the loyalists and favourites at state and constituency level for party
officials and candidates with local knowledge and support.
• Beginning of an era of coalition politics (1967-71).
• The victory of the Congress (I) party in the elections of 1971 forced all other
stalwarts to go into oblivion in the aftermath of the dismal performance of their
party in the elections.
• The disenchantment of the people from the Congress party and the decision of the
Allahabad High Court resulted in the declaration of a state of Emergency in the
country on 26 June 1975.
• Formation of a collective opposition to fight a joint battle against the atrocities
committed by the Congress government.
• Challenges to Indian Political System: Caste, religion, language, tribe and
regionalism.

Coalition Governments At The Centre And The States
• The general elections of 1977 resulted in the realignment of political parties in India
to take on the Congress.
• Creation of Janata Party by merging Congress (O), Jana Sangh, Bhartiya Lok Dal,
and the Socialist Party.
• Formation of the first non-Congress government at the Centre and the Janata
experiment marked a watershed in the Indian party system.
• Marked the beginning of two party system.
• The party system of the country also experienced a shift from the hitherto one
person dominance on both the party and the government to the one marked by
collective leadership of the party as well as the government.
• The internal contradictions of the Janata Party for the prime ministership brought
down the government in 1979.
Coalition Governments at the Centre and the States
• The Janata experiment exposed the vices of the coalition of parties formed without
any ideological fulcrum and also against an individual.
• The subsequent election brought Congress party into power with Indira Gandhi as
the Prime Minister.
• In the post-1989 scenario, the coalition governments at the Centre appear to have
become the fait accompli of the Indian party system.
• The 1989 general elections taking place in the backdrop of the Bofors revelations
and the high plank of the anti-corruption campaign saw a newly formed party, the
Janata Dal, leading the formation of the government at the Centre with support
from the regional parties like DMK), TDP, AGP and Congress (S), and soon.
• In the mid-term polls of 1991, another coalition government under the leadership
of the Congress with P.V. Narasimha Rao as the Prime Minister was formed, lasting
its full term till 1996. Your Logo or Name Here
Coalition Governments at the Centre and the States
• Afterwards, in the next general elections, another non-Congress, non-BJP coalition
of parties known as the United Front managed to form government at the Centre
just to last for a less than two years.
• The last leg of the evolution of the party system in India starts with the 1998 mid-
term elections in which the political scenario of the country began to crystallize
around the two parties- the Congress and the BJP.
• The Vajpayee-led NDA government completed the full term in office in 2004, after
which the next general elections resulted in the formation of the government
headed by the Congress-led coalition led the United Progressive Alliance (UPA).
• In the 2014 and 2019 elections, the BJP led NDA government came into power with
a comfortable majority.

Coalition Governments At The Centre And The States
• The Janata experiment exposed the vices of the coalition of parties formed without
any ideological fulcrum and also against an individual.
• Irrespective of the shortcomings, Congress party remained the viable alternative
for the people, which brought Congress party into power in the subsequent election
with Indira Gandhi as the Prime Minister.
• In contemporary times, the party system in India appears to have entered the
phase of full blown coalition governments whereby two diametrically opposed
political formations in the name NDA and UPA have come to occupy the
substantial political space in the country.

Pressure Groups in Indian Politics
• Pressure plays an pivotal role in the smooth functioning of democratic system.
• The pressure groups rival with the political parties in articulating the interest of the
particular sections of the society.
• The pressure groups safeguard and secure the interest of their members by putting
pressure on the government to adopt or desist from adopting certain set of policies
or programmes.
• An indicator of the level of political maturity and accommodation in a political
system.
• Inspite its roots in the British times, the pressure groups are still not able to secure
the full-fledged legitimacy in the opinion of the political elites as a result of which
their functional autonomy and vibrancy get adversely affected.

Pressure Groups in Indian Politics
• The presence of pressure based on ascriptive affiliations like caste, language, and
religious loyalties of the people brings in parochialism in the system.
• Dominance of political parties over the functioning of pressure groups and the
subsequent inability to influence the public policy of the country.
• Non-performance of the pressure groups culminates in the emergence of
illegitimate and extra-constitutional players in politics which takes course of violent
means in meeting the demands.
• Pressure groups and its role during the pre and post independent India (political
and non-political).
• The consolidation of the party system in the country has also contributed to the
expansion in the base and scope of activities of pressure groups.

Role and Strategies of Pressure Groups
• Pressure groups act as an alternative mechanism in the articulation and
implementation of group interests.
• Political consciousness; Political communication; Political participation;
Addressing grievances.
• Adopts both constitutional and violent methods in meeting their demands.
• The groups with less access to the legal constitutional means resort to more radical
methods of struggle like demonstrations, dharanas, picketing or blocking traffic.
• Pressure group politics come into play during the stage of policy implementation.

Contemporary Trends in Indian Politics
Topic Details
Elites in Indian Politics, Contemporary Trends in Indian Party System &
Critical Analysis of Electoral Politics in India
Elites in the Indian Party System
• Political parties portray themselves as organisation based upon the mass
participation but, in reality, the commanding position lie in the hands of the elite
sections of the society.
• The positioning of the elites in various political parties takes place at either of the
two levels:
• In parties which claim to be of inclusive nature, the elites constitute the by the educated,
urban, high castes, aristocratic, professional politicians whose sway over the party lies
either in their being custodians of the party affairs for generations or they are so
professionally qualified to conduct the business of the politics.
• Those parties which draw their support from a particular section of the society like the
BSP, SP, RJD, IUML etc., their elites are drawn from the relatively plebeian sections of
the society.
• Elites constitute a commanding position in Indian party system irrespective of their
different socio-economic milieus.
Elites in the Indian Party System
• Congress party and its elitist nature.
• Disenchantment of people from the Congress and the JP movement of 1975.
• BJP, its elitist nature and the ongoing efforts to expand its social base.
• Not much different picture at the regional sphere, with the parties centered on the
families and personalities of the individual.
• Communist parties, owing to their overt commitment for the cause of equality and
egalitarianism in society, fare marginally better than the other parties in country in
accommodating a larger segment of the society.

Contemporary Trends in Indian Party System
• ‘Indian politics is both coalitional and regionalized’.
• Indian political system is characterised with Congress party losing much of its
political space and the emergence of BJP as a formidable rival at both the levels.
• Regional parties are in coalition either with UPA or the NDA.
• Emergence of the regional parties can be attributed to the inability of the pan
Indian parties in expanding its electoral base to the nook and corner of the country.
• Reasons: Social and economic changes in the 1990s; caste consciousness.
• Formation of coalition on the basis of ideology and the later shift to power centric
structure.
• Reincarnation of the Third Front; Role of Left parties.
• Role of money and muscle power in Indian politics.
Concluding Observations
• The Indian party system is passing through a phase of transition which looks to be
full of contradictions and paradoxes.
• Dilution of constitutional propriety and norms of political conduct in order to save
the government.
• Opportunist nature of political parties to remain in power and the divided and
weak opposition fails to challenge the government.
• In the mad rush for securing the seat of power at any cost, the party system in the
country is arguably losing much of its ideological sharpness and commitment to
certain programmes and policies.

Caste and Indian Politics:
Caste and Politics in India, Dalit Politics and Reservations & Social
Justice- An Indian Context.
Major Issues in Indian Politics
• Capturing Indian politics is a daunting task.
• Identifying major issues in Indian politics has to be careful for two inter-related
reasons:
• Changing nature of Indian politics;
• India’s multi-cultural character with variability in terms of the relevancy of issues from
one place to another.
• Caste in India besides being a social marker, also provides a readymade form of
organization which is critical for political mobilization in electoral politics.
• ‘Caste is not a basic expression of Indian tradition…., but a modern phenomenon,
that it is, specifically the product of a historical encounter between India and
Western colonial rule (Nicholas B Dirks)’.

• Colonialism was, instrumental in ‘politicizing caste’ for its own ‘divide and rule
strategy’ that was articulated through a well-calculated reservation scheme.
• The nationalists’ justification for caste-based reservation was based on the
marginalization of the ‘lower castes’ in the Hindu social hierarchy.
• In post-colonial India, caste continues to exert determining influence in Indian
society than ever before.
• Caste, the most conspicuous marker of social privilege has become a significant
criterion of electoral politics in contemporary India.
• The rise of OBCs has radically altered India’s political texture by ousting the
Congress from power in many states in the 1960s.
• OBCs gained formidable economic power through land reforms and the Green
revolution; gained political power through their numerical strength.
• The Mandal Commission of 1978 offered them with the much required
administrative power by reserving 27 per cent jobs in central government jobs.
• The Mandal recommendations is euphorically described as ‘deepening of
democracy’ the most critical input in grasping Indian politics in recent years.
• A scheme for ‘affirmative action’ for socially underprivileged sections of society.
• The Mandal formula rests on two premises:
• the OBCs comprise a very large segment of India’s population and
• their representation (only 5 per cent) in the public sector is abysmally poor.
• The reservation for the backward castes and for the religious minorities are
directed towards maintaining a balance of power in the caste divided India’s social
structure.
• Though an appreciative effort, the benefits of reforms were accrued to the affluent
upper castes of the OBCs.
• So, the Mandal formula, helped in creating and sustaining a secure vote bank for
the V.P. Singh-led National Front government.
• The decision to implement the Mandal Commission report is just another effort to
effectively draw on caste sentiments for victory in elections.
• In India, it is not strange that elections are conducted on caste calculations, the
candidates are nominated on caste ratio, and as a consequence, patronage is likely
to be distributed on caste basis and public policies are also to be tilted in favour of
the caste support base.

Mandal II
• Reservation in educational institutions is referred to as Mandal II.
• In August, 2005, the Supreme Court abolished all caste-based reservations in
unaided private colleges.
• On 21 December 2005, the Lok Sabha passed the Ninety-third Constitutional
Amendment Act, 2005 rolling back the Supreme Court judgement by introducing a
new clause into Article 15 to allow for reservations for SCs and STs as well as other
backward classes in private unaided educational institutions other than minority
institutions.
• In 2006, the UPA government agreed to introduce 27 per cent reservations for
OBCs in Central Government-funded higher educational institutions.
• In April 2008, the SC validated the Ninety-third Amendment Act by excluding ‘the
creamy layer’.
Mandal II
• Viewed in a long-term perspective, Mandal II is a logical corollary of Mandal I.
• It takes forward the process of transfer of social and political power to majority
communities.
• It would not be an exaggeration if one thus argues that the centre of gravity in
Indian politics is now defined by ‘quota politics’.
• In India, reservation through quota translates ‘protective discrimination’ into
reality.

The Mandal II Arguments
• Reservation based on an ascribed identity namely caste is difficult and problematic.
• Reservation in higher education seems to be an empty slogan in the light of the fact
that seats for SCs and STs remain vacant in colleges and universities for lack of
applicants.
• After Mandal, caste as a basis of collective struggle for gaining equality in positions
and social status became a respectable term among the marginalized.
• Caste is now seen as an empowering device to enhance one’s meagre entitlements
in society.
• While the first phase of reservation under the Mandal Commission represented the
politics of caste assertion or the politics of identity, the second phase is one in
which castes are asserting their right to power.

The Mandal II Arguments
• Mandal Commission redefined the nationalist goal of a more equal and just society
by empowering the disadvantaged and recognizing the socially denigrated groups
in addition to reduction of socio-economic disparities.

Religion and Indian Politics
• Like caste, religion continues to remain critical in Indian politics.
• Both the Mandal formula and the Mandir agenda seem to be most critical in re-
conceptualizing Indian politics.
• Hindutva, as an ideology, created a support base for the BJP by appreciating that
cultural heritage of the country should not be ignored or dismissed simply because
it does not measure up to modern criteria.
• The Mandir slogan and Rath Yatra in 1990 paid massive electoral dividends to the
BJP.
• Hindutva has the tendency to homogenize the Indian civilization and the texture of
Indian identity.
• The conceptualization of Indian civilization by the Hindutva ideology fails to form
a social coalition of diverse groups but rather an aspiration to homogenize and
construct an unity by submerging diversity.
• Hindutva can never strike a chord with the people at large presumably because of
the sociological constraint, connected with the inherently pluralist character of
Hinduism.
• Yet it would be wrong to conclude that the Hindu nationalist influence is on the
wane because they overlap and blend with other key discourses on Indian society,
culture, and identity.
• Along with the expansion of influence of Hindu nationalism, there is also the
ascendancy of caste groups and caste-based parties especially in the ‘Hindi
heartland’ which have gained enormous electoral clout in recent years.
• The 2004 election results demonstrated the losing edge of the Hindutva brigade
over the caste equations.
• The growing importance of coalition politics laid foundation of Hindu nationalism
and also reaffirmed the strong roots of an indigenous variety of secularism.
• Both the Nehruvian Dharma Nirapekshta’(state to maintain equidistance from all
religion) and Gandhian Sarv Dharm Sambhava (peaceful coexistence of all
religion) remain the governing principles for secularism.
• It was creatively articulated underlining the complexities of typical non-Western
contexts.
• The Constitution adopted the secularism and its Preamble confirms by declaring
India as ‘a secular republic’, besides the guarantee in Part III of ‘religious freedom’
(Articles 25-30).
• Judiciary plays a decisive role in reinterpreting the idea of secularism.
• Secularism constitutes the part of the ‘basic structure’ of the Indian constitution.
• Indian secularism is a story of both success and failure.
Western Secularism Indian Secularism
In western society, secularism refers to the complete In Indian society, secularism means equal treatment of
separation between the state and religion and freedom all religions and no discrimination between followers of
of religion for all people. different religions.
Religion is relegated entirely to the private sphere and All expression of Religion is manifested equally with
has no place in public life whatsoever. support from the state.
In India, the law seeks to accommodate the multiple

Also, in western society, laws are made in isolation
religious principles that followers of different religions
from religious principles.
adhere to.
As per the western model, the state cannot give any The Indian Constitution permits partial financial
financial support to educational institutions run by support for religious schools, as well as the financing of
religious communities. religious buildings and infrastructure by the state.
In matters of law in modern India, however, the
applicable code of law is unequal, and India's personal
A single uniform code of law is used to dispense justice
laws– on matters such as marriage, divorce,
regardless of religious background.
inheritance, alimony– varies with an individual's
religion. Your Logo or Name Here
Complex Political Texture: Coalition Politics
• Breakdown of ‘the Congress system’ and the growth of other parties with regional
roots.
• Challenges to the notion of ‘traditional vote banks’.
• The complexity of the Indian political system is captured through the coalition
politics.
• The growing importance of coalition in government formation suggests the failure
of the parties to cobble up a majority on their own and hence coalition is the only
available option;
• It also shows a tenacity of ‘community identities, in the form of caste and religion,
as groups struggle to construct majorities that rule at the Centre’.
• Community identities are products of modern politics and not ‘residues of the past’.
• Paul R. Brass argues that Indian parties represent, ‘a unique blending of Western
and modern forms of bureaucratic organization and participatory politics with
indigenous practices and institutions’.
• Rudolphs have shown, that a caste group which is relatively homogeneous and
cohesive, but politically not well-represented tends ‘to form a partisan attachment
to a particular party [or even] to form and operate a political party of its own’.
• The emergence of various outfits (that later may become independent parties) can
be attributed to the differentiation of a caste group by class interests, and by
differences in education, income, occupation, and cultural characteristics.
• The decline of the Congress party created space for the rise of the ethnic parties at
different levels.
• The appeal to caste-based ethnic identity continues to remain critical in electoral
politics in India. Your Logo or Name Here
• The 1960s Indian politics was characterized by a quid pro quo arrangement
between the upper castes and lower castes.
• The 1990s saw the growing consolidation of parties representing the numerically
lower castes.
• Emergence of BSP in UP.

Naxalism in India
Naxalism in India, Salva Judum and the political-economy of Naxalism in
India
Introduction
• Sustained participation of the people in the democratic processes has unleashed a
process that has gone beyond mere voting by empowering people.
• The Indian society is undergoing politicization and democratization at a faster
pace.
• In a typical Western liberal context, deepening of democracy invariably leads to
consolidation of ‘liberal values’.
• In the Indian context, democratization is translated into greater involvement of
people not as ‘individuals’, but as communities or groups.
• Individuals are getting involved in the public sphere not as atomized individuals
but as members of primordial communities drawn on religious, caste or jati
identity.
• Community-identity seems to be the governing force.
Introduction
• Similarly, a large section of women is being drawn to the political processes not as
women or individuals, but as members of a community holding a sectoral identity.
• The processes of steady democratization have contributed to the articulation of a
political voice of various subaltern groups through a meaningful transfer of power
within the democratic framework of public governance.

Naxalism
• The term Naxalism derives its name from the village Naxalbari of West Bengal and
originated as rebellion against local landlords who bashed a peasant over a land
dispute.
• The initial uprising was led by Charu Majumdar, Kanu Sanyal and Jangal Santhal,
who were members of the Communist Party of India (Marxist).
• The Naxals support Maoist political sentiment and ideology and the movement
slowly spread in the states of Chhattisgarh, Orissa, Andhra Pradesh, Maharashtra,
Jharkhand, Bihar, and some parts of UP, MP and Assam.
• The Maoists assert that they are defending the rights of the marginalized: the poor,
the landless, Dalits, and tribal indigenous communities.
• They call for a revolution, demanding a radical restructuring of the social, political,
and economic order.
Naxalism
• Both the political and military strategy of the CPI-Maoists are centred on civilian
masses.
• The political strategy is to exploit the existing class inequalities in India to the
Maoists’ advantage, as unequal income distribution, socio-demographic disparity,
poverty and deprivation are issues that plague the underdeveloped areas of the
country.
• The military strategy aims to create revolutionary ‘base areas’ in the countryside
where the State has little reach and cannot enforce the rule of law.
• The weakness of the State in such areas, combined with the support of alienated
Adivasis, allow the Maoists to sustain their operations.
• Quoting the doctrine of the Maoists: “The people are the eyes and ears of the
army; they feed and keep our soldiers, It is they who help the army in sabotage
and in battle. The people are the water and our army the fish”. Your Logo or Name Here
Naxalism
• The Maoists’ tactics against the Indian State followed the principles of guerrilla
warfare.
• Keeping dense forests and hilly territories as their base, where the State is relatively
weak, they are able to maximize the use of the terrain in their favour, making it a
classic example of asymmetric and unconventional warfare.
• Maoist forces operate in small, decentralised units and gather intelligence before
conducting swift ambuscades.
• The methods adopted by Naxals render them almost undetectable by State forces,
and allows them to gather intelligence through simple methods, such as scouting,
spying and bribing corrupt police officials, in order to conduct effective ambushes
against the Indian security forces.

Naxalism
• Between 1980 and 2015, the Naxalite insurgency caused 20,012 casualties; of these,
4,761 are Naxalites, 3,105 are members of the security forces, and 12,146 are
civilians.
• A report published by the Indian Home Ministry in 2019 demonstrated that, since
2010, an average of 417 civilians have been killed annually in approximately 1,200
incidents of violence perpetrated by Maoists.
• The sources of funding of Naxalites come from membership fees and contributions,
extortion and confiscation of wealth and income of the enemy and ‘revolutionary
taxes’.
• Recent reports have also emerged linking Naxalites to organised crime like drug
trafficking, cannabis and opium cultivation.
• The Maoists were believed to have received logistical support and training from the
Liberation Tigers of Tamil Eelam (LTTE). Your Logo or Name Here
Naxalism
• It is also believed that the Maoists in India had links to the Communist Party of
Nepal-Maoists and were able to procure arms from China through the Nepalese
Maoists.

Naxalism
• The Red Corridor is the region in the central, eastern and southern parts of India
that experience severe Naxalite–Maoist insurgency.
• The districts affected by this and part of the Corridor are among the poorest in
India.
• Most of the region has a high tribal population and is also marked by severe caste
and economic disparities.
• Seizing land from oppressors and redistributing it amongst the peasants has been
the aim of the Naxalites since its creation.
• Today, they are no longer fighting against imperialist landlords but the State and
its development industries.

Factors responsible for the rise of LWE
• The chief reason behind the rise of the movement was the severe lack of
development of these regions despite being mineral-rich.
• They were largely tribal belts that were neglected by the government and also by
the mainstream media.
• There were gross ineffectiveness and mismanagement in the administrative
machinery. Corruption was also rampant leading to misery for the people.
• The alienation and social exclusion of large groups of people led to sections of them
feeling a disconnect with the government of the day and also society at large.
• The issue of Jal-Jangal-Jameen (water, forest, land) is at the centre of these revolts
initially.
• Issues regarding the displacement and rehabilitation of tribals over the
developmental projects.
Factors responsible for the rise of LWE
• The failure in formulation and implementation of the right schemes at the right
time, and targeting the right people is the major problem.
• Mismanagement of Forests.
• The Growing inter and intra regional disparities
• Absence of proper Industrialisation and lack of land reforms.
• Political marginalization-The tribals have been largely unrepresented in
mainstream politics.
• Ineffective implementation of government schemes
• Suppression of demands, protests

Government Responses
• Operation Steeplechase- Launched in 1971, it was a joint Army-CRPF-Police
operation which lead to the crackdown of many Naxalites.
• The insurgency forced the GOI, resulted in the creation of The Left Wing
Extremism Division of the Ministry of Home Affairs in October 2009 to tackle the
various Naxalite factions spread throughout the country.
• Operation Green-Hunt: In 2009, Government deployed Commando Battalion for
Resolute Actions (COBRA) against naxals.
• Andhra Pradesh has its specialised Greyhound commando force to tackle LWE.
• Unified Command: In 2010, the Government established a Unified Command for
inter-state coordination (in intelligence gathering, information sharing and police
responses) between Chhattisgarh, Jharkhand, Odhisa and West Bengal.

Government Responses
• Forest Rights Act, 2006: The Scheduled Tribe and Other Traditional Forest
dwellers (Recognition of forest Rights) Act 2006 or the Forest Rights Act
recognizes the rights of the scheduled tribes and forest dwellers.
• Special Infrastructure Scheme (SIS): This scheme tries to cater to the critical
infrastructure gaps for better mobility by upgrading existing roads and rail tracks.
• Central Scheme for assistance to civilian victims/family of victims of Terrorist,
Communal and Naxal violence.

Salwa Judum
• Meaning “Peace March ” or “Purification Hunt ” in the language of the Gonds, the
Salwa Judum was a militia specifically mobilised with the intention of countering
the Naxalite violence in the Chhattisgarh region.
• It consisted of local tribal youth with logistical and training support from the state
government of Chhattisgarh.
• The Salwa Judum began receiving military and police support when the
Chhattisgarh state signed mining agreements with the Tata and Essar group.
• To ensure that mining operations went smoothly, the state deployed the Salwa
Judum to cleanse the region of Naxalite.

Salwa Judum
• Senior Indian National Congress (INC) party leader Mahendra Karma launched the
Salwa Judum in 2005 as a counterinsurgency measure to tackle the Maoist threat.
• Salwa Judum meaning “Peace March” or “Purification Hunt” in Gondi language.
• It is a militia mobilised and deployed as part of anti-insurgency operations in
Chhattisgarh, aimed at countering Naxalite violence in the region.
• It was started as a people’s resistance movement against the Naxalites.
• The militia, consisting of local tribal youth, received support and training from the
Chhattisgarh state government.
• Individuals those who have passed fifth standard with over 18 years of age with an
aware of the local geography were appointed as the SPOs (Special Protection
Officers).
Salwa Judum
• The tribal youths appointed as SPOs were given a training of two months which
included weapon handling, first aid and medical care, law, yoga training etc.
• Human rights activists claim the movement has made the tribals even more
vulnerable to Maoist attacks than before.
• There are reports of excesses by Judum activists, including people being picked up
from their villages and sent to camps, besides several human rights violations.
• NGO Human Rights Watch has reported large scale displacement of at least 1.5
lakh civilians caught in the conflict between the Naxalites and Salwa Judum
activists.
• Salwa Judum is also accused of burning to ground 644 villages.
• It is alleged that the Salwa Judum had recruited minors for its armed militia. An
NGO claimed that over 12,000 child soldiers were in the Salwa Judum in
Dantewada district alone.
Salwa Judum and the SC judgement
• In 2011, Nandini Sundar and ors v/s State of Chhattisgarh case, SC declared it
illegal and unconstitutional and ordered its disbandment.
• The petitioner had alleged that the State of Chhattisgarh was actively encouraging a
group called Salwa Judum, a civil vigilante structure, to counter Maoist insurgency,
and that had resulted in violation of human rights.
• The SC had declared that the recruitment and arming of tribal people as Special
Police Officers (SPOs), as a counter-insurgency measure, was illegal and
unconstitutional.
• The SC forbade the state government from supporting any civilian vigilante force
and declared that it was the responsibility of the state to prevent the operation of
any such group.

• SC in its judgement found operationalization of Salwa Judum in violation of the
provision of Article 14 and 21 along the following lines:
• Article 14 is violated because subjecting such youngsters to the same levels of
dangers as members of the regular force who have better educational backgrounds,
receive better training, and because of better educational backgrounds possess a
better capacity to benefit from training that is appropriate for the duties to be
performed in counter insurgency activities, would be to treat unequal as equals.
• Article 21 is violated because, notwithstanding the claimed volition on the part of
these youngsters to appointment as SPOs engaged in counter-insurgency activities,
youngsters with such low educational qualifications cannot be expected to
understand the dangers that they are likely to face, the skills needed to face such
dangers, and the requirements of the necessary judgment while discharging such
responsibilities.
• Further, because of their low levels of educational achievements, they will also not
be in a position to benefit from an appropriately designed training program, that is
commensurate with the kinds of duties, liabilities, disciplinary code and dangers
that they face, to their lives and health.

References
• https://byjus.com/free-ias-prep/ias-preparation-internal-security-left-wing-extremism/
• https://www.jagranjosh.com/general-knowledge/naxalism-and-its-causes-1400242166-1
• https://www.efsas.org/publications/study-papers/an-introduction-to-naxalism-in-india/
• https://blog.forumias.com/naxalism-in-india/
• https://www.gktoday.in/topic/government-of-indias-response-to-naxalism/
• https://www.indiatoday.in/india/photo/salwa-judum-of-chhattisgarh-365831-2011-07-06/3
• https://www.civilsdaily.com/salwa-judum-2-0/
• https://www.thehindu.com/opinion/lead/salwa-judum-and-the-supreme-court/article2221935.ece
• https://www.casemine.com/judgement/in/5609af01e4b0149711415539
• https://main.sci.gov.in/jonew/judis/38160.pdf

Insurgency and Politics in Jammu and
Kashmir & North-Eastern States
Article 370/ Abrogation of Article 370 and 35 A & Kashmir, Politics in
North Eastern India & The Politics around AFSPA and The Inner Line
Permit.
AFSPA
• The AFSPA was first enacted as an ordinance in the backdrop of the Quit India
Movement launched by Mahatma Gandhi in 1942.
• A day after its launch on August 8, 1942, the movement became leaderless and
turned violent in many places across the country. Leaders like Mahatma Gandhi,
Jawaharlal Nehru, VB Patel and a host of others had been put behind the bars.
• Shaken by the massive scale of violence across the country, the then Viceroy
Linlithgow promulgated the Armed Forces (Special Powers) Ordinance, 1942.
• This Ordinance practically gave the Armed Forces a “license to kill” when faced
with internal disturbances.
• On the lines of this ordinance, the Indian government promulgated four ordinances
in 1947 to deal with internal security issues and unrest arising due to partition in
four provinces Bengal, Assam, East Bengal and the United Provinces.
AFSPA
• Armed Forces (Assam and Manipur) Special Powers Ordinance was promulgated
by the President on 22nd May of 1958.
• The Armed Forces (Special Powers) Bill was later passed by both the Houses of
Parliament and it received the assent of the President on 11th September, 1958.
• The Act empowers the Governor of that State or the administrator of that Union
Territory or the Central Government to declare areas to be disturbed areas.
• The Act confers special powers to the personnel of the armed forces in the
disturbed areas:
• To fire upon or otherwise use force, even to the causing of death, against any person who
is acting in contravention of any law or order for the time being in force in the disturbed
area for the maintenance of law and order.
• To destroy any arms dump, prepared or fortified position or shelter from which armed
attacks are made or are likely to be made. Your Logo or Name Here
AFSPA
• To arrest, without warrant, any person who has committed a cognizable offence or
against whom a reasonable suspicion exists that he has committed or is about to commit
a cognizable offence.
• To enter and search without warrant any premises to make any such arrest as aforesaid
or to recover any person believed to be wrongfully restrained or confined or any property
reasonably suspected to be stolen property or any arms.
• No prosecution, suit or other legal proceeding shall be instituted, except with the
previous sanction of the Central Government, against any person in respect of
anything done or purported to be done in exercise of the powers conferred by this
Act.
• Tripura revoked the Act in 2015 and Meghalaya was under AFSPA for 27 years,
until it was revoked by the MHA from 1st April 2018.
• Currently AFSFA is in some parts of Assam, Nagaland, Manipur and Arunachal
Pradesh.
AFSPA: Controversies
• Human Rights Violations: The act fails to protect and uphold human rights.
• Misuse of Absolute Power: The power to shoot on sight violates the fundamental
right to life, making the soldier on the ground the judge of the value of different
lives and people the mere subjects of an officer’s discretion.
• Violates Fundamental Rights: The power of arbitrary arrest and detention given to
the armed forces goes against the fundamental right vested in Article 22.
• Immunity against any Punitive Action.
• The exercise of these extraordinary powers by armed forces has often led to
allegations of fake encounters and other human rights violations by security forces

Supreme Court Guidelines 1998
• In the case of Naga People’s Movement of Human Rights vs. Union of India, the
validity of AFSPA was challenged before the Supreme Court and the five-judge
bench concluded that the act cannot be considered as violation of the Constitution.
• Further, the guidelines stated that
• The army personnel are required to strictly follow minimum force under Section 4
against suspected of violating prohibitive orders.
• A person arrested and taken to custody under section 4 has to be handed over to the
nearest police station within 24hours of such arrest.
• The act has to be reviewed every six months by the state.

AFSPA: Committees
• In 2005 the killing of Thangjam Manorama by the Assam Rifles in Manipur
triggered widespread protests and outrage against the enforcement of AFSPA and
as a follow up the government set up the Jeevan Reddy Commission to review
AFSPA.
• After thorough research and various visits and hearings held within and outside the
North-Eastern States, the committee was firm that the Armed Forces (Special
Powers) Act, 1958, should be repealed.
• In 2013, a committee headed by Supreme Court Judge Santosh Hegde was
appointed to review the encounter killing of 1528 people in Manipur since 1979.
• The Santosh Hegde committee submitted its report in 2013, saying five of the six
encounters were “not genuine”, that “disproportionate force” had been used against
persons with “no known criminal antecedents”, and that AFSPA gave “sweeping
powers” to men in uniform without granting citizens protection against its misuse.
AFSPA
• The Armed Forces Special Powers Act (AFSPA) has been extended in three districts
of Arunachal Pradesh and nine districts of Nagaland for six months.

Inner Line Permit
• Inner Line Permit (ILP) is an official travel document issued by the Government of
India to allow inward travel of an Indian citizen into a protected area for a limited
period.
• It is obligatory for Indian citizens from outside those states to obtain a permit for
entering into the protected state.
• The document is an effort by the government to regulate movement to certain areas
located near the international border of India.
• This is an offshoot of the Bengal Eastern Frontier Regulations, 1873, which
protected Crown’s interest in the tea, oil and elephant trade by prohibiting “British
subjects” from entering into these “Protected Areas”.
• Despite the fact that the ILP was originally created by the British to safeguard their
commercial interests, it continues to be used in India, officially to protect tribal
cultures in northeastern India. Your Logo or Name Here
Inner Line Permit
• The states which require the permit are: Arunachal Pradesh, Manipur, Mizoram,
and Nagaland.
• The passing of the Citizenship (Amendment) Act (CAA) and the Centre’s
determination to implement it, the demand for Inner Line Permit (ILP) gained
momentum in the Northeast.

References
• https://www.mha.gov.in/sites/default/files/armed_forces_special_powers_act195
8.pdf
• https://indianexpress.com/article/explained/afspa-law-and-the-northeast-
nagaland-manipur-assam-7846909/
• https://byjus.com/free-ias-prep/understanding-the-armed-forces-special-powers-
act/
• https://www.drishtiias.com/daily-updates/daily-news-analysis/armed-forces-
special-powers-act-afspa
• https://eastsiang.nic.in/service/inner-line-permit-eilp/

Article 370
• Article 370 of the Indian Constitution is a ‘temporary provision’ that grants special
autonomous status to the Indian state of Jammu & Kashmir.
• Under Part XXI of the Constitution of India, which deals with “Temporary,
Transitional and Special provisions”, the state of Jammu & Kashmir has been
accorded special status under Article 370.
• Article 370 limits the power of the Parliament to make laws for Jammu and
Kashmir.
• According to this Article, except for Defence, Foreign Affairs, Finance and
Communications, Parliament needs the State Government’s concurrence for
applying all other laws.
• Thus the state’s residents live under a separate set of laws, including those related
to citizenship, ownership of property, and fundamental rights, as compared to
other Indians. Your Logo or Name Here
Article 370
• Jammu and Kashmir had its own Constitution, apart from the Indian Constitution.
• Its constitution was framed by a Constituent Assembly of its own, adopted on 17th
November 1957 and came into force on the 26th January, 1957.

Abrogation of Article 370
• Until 2019, the former state of Jammu and Kashmir had its own constitution and
thus had a special status under Article 370 of the Indian Constitution.
• This special status was repealed in 2019 by a presidential order known as "The
Constitution (Application to Jammu and Kashmir) Order, 2019."
• This order superseded the previous "Constitution (Application to Jammu and
Kashmir) Order, 1954."
• The 2019 order extended all provisions of the Indian Constitution to Jammu and
Kashmir as well.
• The inoperative Article 370 remains in the text of the Indian Constitution.
• Furthermore, the Jammu and Kashmir Reorganisation Act, 2019, divided the
former state of Jammu and Kashmir into two separate union territories, namely
Jammu & Kashmir and Ladakh.
Abrogation of Article 370
• The union territory of Jammu and Kashmir includes all of the districts of the
former state of Jammu and Kashmir, with the exception of Kargil and Leh districts,
which have been transferred to the union territory of Ladakh.

Article 35A
• Saving of laws with respect to permanent residents and their rights. — Notwithstanding
anything contained in this Constitution, no existing law in force in the State of Jammu and
Kashmir, and no law hereafter enacted by the Legislature of the State:
• defining the classes of persons who are, or shall be, permanent residents of the State of
Jammu and Kashmir; or
• conferring on such permanent residents any special rights and privileges or imposing
upon other persons any restrictions as respects—
(i) employment under the State Government;
(ii) acquisition of immovable property in the State;
(iii) settlement in the State; or
(iv) right to scholarships and such other forms of aid as the State Government may provide,
• shall be void on the ground that it is inconsistent with or takes away or abridges any rights
conferred on the other citizens of India by any provision of this part. Your Logo or Name Here
Article 35A
• Article 35A was an article under the Constitution of India that empowered the State
Legislature of Jammu and Kashmir to define “permanent residents” of the state
along with granting them special privileges.

Lacunae in the Decision
• The abrogating Article 370 and bifurcating Jammu and Kashmir State to create two Union
Territories exposes the fragile set of compromises on which India’s asymmetric federal
system rests. The manner in which the government moved to repeal the special provision
for Jammu and Kashmir has raised questions about its constitutional legality on different
grounds:
• Questions on the political autonomy of the state legislature.
• Absence of the consent of State Assembly
• Imposition of Section 144[2] of CrPC in large parts of the state, including ‘temporary ban of all
form of communication: cellular, mobile internet and landline.
• Preventative detention of the leaders of the several mainstream and integrationist parties.
• Reiteration on the presence of asymmetric arrangements that are discriminatory in nature.
• Lockdown and violation of human rights.
• Confusion with respect to the provisions regarding the concurrence of state for approval as stated
in clause 3 of Article 370.
• Transition from the status of state to UT. Your Logo or Name Here
Merits of the Abrogation of Article 370
• Economic benefits- upliftment of the economy.
• Improvement of infrastructure, education and healthcare facilities.
• Eradication of terrorism and separatism.
• Change in rules of succession.
• Applicability of Indian laws.
• Single constitution and single flag.
• Growth and development

Demerits of the Abrogation of Article 370
• Loss of unique privileges guaranteed under Article 35A.
• Fear of loss of the state’s demographic character.
• Questions on the political autonomy of the people.
• Chaos in the valley.
• Influence on international affairs.

References
• http://www.legalservicesindia.com/article/2419/What-is-Article-35-A-of-the-Constitution-of-
India.html
• http://jammuandkashmir.org.in/abrogation-article-
370/#:~:text=%EE%80%80Abrogation%20Article%20370%EE%80%81%20On%205%20August%
202019%2C%20the,cut%20and%20political%20leaders%20placed%20under%20house%20arrest.
• https://www.lawaudience.com/abrogation-of-article-370-a-critical-analysis/
• https://byjus.com/free-ias-prep/article-35a/

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Local Self Governance in India

Structure of Panchayati Raj

• Aimed at decentralization of power as mentioned under Article 40.

• Based of recommendations of different committee reports and finally came in place

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In India, the law seeks to accommodate the multiple

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