LEGAL LITERACY PROJECT

STANDARD TENTH

 POWER SHARING
An intelligent sharing of power among legislature, executive
and judiciary is very important to the design of a democracy.

1. THE STORIES
Sri Lanka and Belgium
Majoritarianism in Sri Lank
Accomodation in Belgium

2. Forms of power-sharing
• Power is shared among different organs of government, such as the
legislature, executive and judiciary . Let us call this horizontal
distribution of power because it allows different organs of
government placed at the same level to exercise different powers.
• Po wer ca n be sha red am o n g go vernm ents at d ifferent levels
– a gen er al go v ernm ent fo r the entire co u ntry an d
go vern men t s at t he p ro vin cia l o r regio na l level. S uc h a
genera l go vern men t f o r th e en tire c o un try is usu ally ca lled
fed era l go vern men t .

• Po wer ma y also be sha red am o ng d iffer ent s o cia l gro u ps

suc h as th e religio u s a nd lingu istic gro up s. ‘ C o mm u nity
go vern men t ’ in B elgi um is a go o d ex am ple o f this
arr angem ent . In so m e c o u ntries there are co n stitu tio na l
and lega l arr angem ent s wh ereby s o cia lly wea ker sec tio ns
and wo men ar e rep resent ed in the l egis latu res an d
adm in istra t io n

• Power sharing arrangements can also be seen in the way

political parties, p ressure groups and movements control
or influence those in power. In a democracy, the citizens
must have freedom to choose among various contenders
for power. In contemporary democracies, this takes the
form of comp etition among different parties
 FEDERALISM
• What is federalism?
K ey Features o f federalism :
1. There are two o r more lev els (o r tiers) of government .
2. Different tiers o f go vernment govern the same citizens, but
Think about
each tier has its o wn J URISDICTION in specific matters of
legislatio n, tax atio n and administratio n. whether these
3. The jurisdictio ns o f the respective levels or tiers of key features are
go vernment are specified in the constitutio n. So the existence implemented in
and authority o f each tier o f government is constitutionally India’s
guaranteed. Democracy?
4. The fundamental provisio ns of the co nstitutio n cannot be
unilaterally changed by o ne level o f government. Such
changes require the co nsent o f bo th the levels of go vernment.
5. Courts have the po wer to interpret the constitutio n and the
powers o f different levels of go vernment. The highest co urt
acts as an empire if disputes arise between different levels of
go vernment in the exercise of their respective powers.
6. So urces of revenue fo r each level o f go vernment are clearly
specified to ensure its financial auto nomy .

• Whether India is a federal co untry?

• (key features o f India’s Fed eralism)
 Guess what the
 GENDER,RELIGION AND CASTE following
W e l o ok at t h re e k i n d s o f s oc i a l d i ffe r e n c e s t h a t c a n t a k e t h e
legislations hope to
f or m o f s oc i a l d i vi s i on s a nd i n e q u a l i t i e s . implement
1. The Provisions of
• G EN D E R The Protection of
V a r i o u s c on c e p t s / t e r m s r e la t e d t o g e n d e r vi ol e n ce a n d Women From Domestic
d i s c ri m i n at i on s u c h as : Violence Act,2005.,
S e x u a l d i vi s io n of l a b ou r : A s ys t e m i n w h i c h a l l wo rk i n s i d e t h e 2. Dowry Prohibition
h om e i s e it h e r d on e b y t he wo m e n o f t h e f a m i l y , or or g a ni s e d b y Act,
t h e m th r ou g h t h e d om e s t i c h e l p e r s . 3. Immoral Traffic
G l a s s c e i l in g s : Prevention Act,
P a t ri a r c h y : 4.The Maternity
B e n e v ol e n t s e x is m : Benefit Act 1961,
In t e r n a li z e d s e xi s m : 5. Muslim Women
Cisgender : (Protection of rights on
T r a n s g e nd e r : divorce) Act,
N on -b i n a r y : 6. The Indecent
W om e n o f c o lo u r : Representation of
V i c t i m B l a m i ng : Women (Prohibition)
Trigger: Act 1986,
M a l e P r i vi l e g e :
7. The Commission of
Sati (Prevention) Act,
Hindu Adoption And
V A R IO U S L AW S T H AT CR IMIN A L IZ E G E N D ER
D ISC R IMIN AT I O N / EMP O WE R W O M E N Maintenance Act
• RELIGION
Various types of reli gi on based di scri minat ions
1. Communali sm
o W h e n b e l i e fs o f o n e r e l i g i o n a r e p r e s e n t e d as s up e r i o r t o
t h o s e o f o t h e r r e l i g i on s , w h e n t h e d e m an d s o f on e r e l i g i o us
g r o up ar e f o r m e d i n o p p o s i t i o n t o an o t h e r an d w h e n s t at e
p o w e r i s us e d t o e s t a b l i s h d o m i n at i o n o f o n e r e l i g i o us g r o up
o v e r t h e r e s t . T h i s m a n n e r o f us i n g r e l i g i o n i n p o l i t i cs i s
c o m m un a l p o l i t i cs . Gujarat Communal Riots
o R e al l i fe e x am p l e s an d t h e i r s u m m a r i e s – G uj ar a t co m m u n al
r i o t s o f 2 0 0 2 , I n d i a an d P ak i s t a n s u ff e r e d s o m e o f t h e w o r s t
c o m m un a l r i o t s a t t h e t i m e o f th e P ar t i ti o n .
o The Indian law defines communal violence as, "any act or series
of acts, whether spontaneous or planned, resulting in injury or
h a r m t o t h e p e r s o n a n d o r p r o p e r t y, k n o w i n g l y d i r e c t e d a g a i n s t
any person by virtue of his or her membership of any religious or
l i n g u i s t i c m i n o r i t y, i n a n y S t a t e i n t h e U n i o n o f I n d i a , o r S c h e d u l e d Direct Action Day
C a s t e s a n d S c h e d u l e d Tr i b e s w i t h i n t h e m e a n i n g o f c l a u s e s ( 2 4 )
and (25) of Article 366 of the Constitution of India

W H Y A N D HO W I N D I A I S A S E C U L A R S T AT E ?
T h e r e i s n o o f fi ci al r e l i g i o n f o r t h e I n d i an s t at e . U n l i k e t h e
s t a tu s o f B ud d h i s m i n S r i L an k a , t h at o f I s l am i n P ak i s t an a n d
t h a t o f Ch r i s t i an i t y i n E n g l an d , o ur C o n s t i t ut i o n d o e s n o t g i v e a
s p e ci al s t at us t o an y r e l i g i o n .
T h e Co n s t i tu t i o n p r o h i b i t s d i s cr i m i n at i o n o n g r o un d s o f r e l i g i o n .
W h at e l s e do e s i t s a y o n r e l i g i o n ?
The 2002 Gujarat riots was a three-day period
of inter-communal violence in the western Indian
 state of Gujarat. The burning of a train in 
Godhra on 27 February 2002, which caused the
deaths of 58 Hindu pilgrims and karsevaks
 returning from Ayodhya, is cited as having
instigated the violence. Following the initial riot
incidents, there were further outbreaks of
violence in Ahmedabad for three months;
statewide, there were further outbreaks of 
violence against the minority Muslim population
 of Gujarat for the next year.
According to official figures, the riots ended with
1,044 dead, 223 missing, and 2,500 injured. Of
the dead, 790 were Muslim and 254 Hindu. The
Concerned Citizens Tribunal Report, estimated
that as many as 1,926 may have been
killed. Other sources estimated death tolls in
excess of 2,000.
• CASTE AND POLITICS
History of caste-based atrocities
Example – Bhima-Koregaon,etc

How caste came into being?

Varna System, the practice of untouchability

How casteism is still perpetuated in society?

Examples

VARIOUS LAWS THAT CRIMINALIZE CASTE BASED

DISCRIMINATION.
1. Article 17
2. The untouchability offences act(The Protection
of Civil Liberties Act)
 STANDARD NINTH

Working of Institutions
• In this process we come across three institutions that play a key
role in major decisions – legislature, executive and judiciary.

• HOW IS A MAJOR POLICY DECISION TAKEN?

A Government Order

An example of this is order reservation for the Socially and

Educationally Backward Classes (SEBC). Why is it necessary?
1. On August 13, 1990, the Government of India issued an Order. It
was called an Office Memorandum. This Office Memorandum was
the culmination of a long chain of events. The Government of India
had appointed the Second Backward Classes Commission in 1979.
It was headed by B.P. Mandal. Hence it was popularly called the
Mandal Commission.
 Indra Sawhney and
others Vs. Union of
India
2. Some persons and associations opposed to this The Court now
order filed a number of cases in the courts. They held that a caste is
appealed to the courts to declare the order invalid and a class of citizens
stop its implementation. The Supreme Court of India and that if a caste
bunched all these cases together. This case was as a whole is
known as the ‘Indira Sawhney and others Vs Union of socially and
India case. educationally
3. Facts of the case - The constitution recognized backward,
social and educational backwardness, but not reservation can be
economic backwardness. The court upheld separate made in favour of
reservation for OBC in central government jobs, but the socially and
excluded these to the " creamy layer" (the forward educationally
section of a backward class, above a certain backward classes.
income). At no point should the reservation exceed
50%?
 Guess which house of
parliament the
• PARLIAMENT. What is it? following people
were part of
1 . In all democracies, an assembly of elected
representatives exercises supreme political authority on
behalf of the people. In India such a national assembly of
elected representatives is called Parliament. At the state
level this is called Legislature or Legislative Assembly .
2. Parliament is the final authority for making laws in any
country. Parliaments all over the world exercise some
control over those who run the government. In some
countries like India this control is direct and full .
3. Houses of Parliament- In our country, the Parliament
consists of two Houses. The two Houses are known as the
Council of States (Rajya Sabha) and the House of the
People (Lok Sabha).
4. Who has the more power? Our Constitution does give
the Rajya Sabha some special powers over the states. But
on most matters, the Lok Sabha exercises supreme power.
 DEMOCRATIC RIGHTS
• RIGHTS IN THE INDIAN CONSTITUTIO
Fundamental rights are an important basic fe ature of
India’s Constitution.
1. Right to equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Right
6. Right to Constitutional Reme dies

• Guess which Article of the Constitution provides which

rights?
1. Article 14-18
2. Article 19-22
3. Article 23-24
4. Article 25-28
5. Article 29-30
6. Article 32